Case number and/or case name
Humberto.Roj: STSJ NA 661/2010 - ECLI:ES:TSJNA:2010:661 Id Cendoj: 31201340012010100261
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 19
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Date of the judgement
22 September 2010
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a labour dispute involving an employee who carried out his work in several Member States of the UE (international transport). The employer was based in Bulgaria and did not have a branch or establishment in Spain. The labour contract was signed in Bulgaria.
Court decision: Spanish courts are not competent to decide on the case according to art. 19 of Brussels I Regulation. It has been proved that Spain was not the principal Member State where the services were provided habitually by the worker.
The court applies the provisions on jurisdictionover an individual contract of employment that states that an employer domiciled in a Member State may be sued in the courts of the Member State where he is domicilef or if the employee does not or did not habitually carry out his work in any one country, in the courts for the place where the business which engaged the employee is or was situated.
Appeal history (not available in the database):
Court decision: Juzgado de lo Social nº CUATRO de los de Navarra (Spain) (First instance)
Date: Year 2009