Case number and/or case name
Foreign Affairs Spanish Ministry (2010).Roj: STSJ M 369/2010 - ECLI:ES:TSJM:2010:369 Id Cendoj: 28079340012010100004
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
14 January 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 conflict of jurisdiction between the United States of America and Spanish courts raised in the context of a termination of employment.
Key facts: There is an agreement on jurisdiction to the USA courts agreed by the parties. The defendant´s domicile (Foreign Affairs Spanish Ministry) is located in Spain.
Court decision: the court comes to the conclusion that Spanish courts are competent to decide on the case according to arts. 18 and 21 of Brussels I Regulation. The express submission clause cannot be taken into consideration in as much as it was agreed before the controversy had arisen.
In order to decide, the court applies correctly Brussels I Regulation provisions on jurisdiction over individual contracts of employment.
Appeal history (not available in the database):
Court decision: JUZGADO DE LO SOCIAL nº 21 de MADRID (Spain) (First instance)
Date: 22-06-2009