EUPillar Crewlink Link Technology Services. Roj: STSJ CAT 3907/2010 - ECLI:ES:TSJCAT:2010:3907 Id Cendoj: 08019340012010102302

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. Teh matter of the case is a labour dispute. The employee of an air company works for a client located in Ireland. The contract signed by the parties included a clause which determines Ireland as the Member State in which the job position is based. The employee could be assigned to a Spanish airport if needed. Court decision: Spanish courts are competent to decide on the case according to art. 19.2 of Brussels I Regulation. The court considered it proved that Spain was the place where the worker habitually carried out his work. The court applies the rules on jurisdiction over individual contracts of employment in order to decide. Those provision state that an employer domiciled in a Member State may be sued in the courts of the Member State where he is domiciled or in another Member State in the courts for the place where the employee habitually carries out his work or in the courts for thelast place where he did so. Appeal history (not available in the database): Court decision: Juzgado Social 1 Girona (Spain) (First instance) Date: 01-08-2008