Case number and/or case name
Sergio.Roj: STSJ AS 2309/2010 - ECLI:ES:TSJAS:2010:2309 Id Cendoj: 33044340012010101487
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
29 April 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 termination of employment. The worker (coastal vessel) worked for a maritime company domiciled in Italy.
Court decision: Spanish courts are competent to decide on the case according to art. 19 of Brussels I Regulation. The court comes to the conclusion that the home port of the vessels in which the employee worked was based in Spain. The court refers to national law for the probation of this extent.
In order to decide, the court applies Brussels I Regulation provisions on jurisdiction over individual contracts of employment.
Appeal history (not available in the database):
Court decision: Juzgado DE LO SOCIAL N. 1 de AVILES (Spain) (First instance)
Date: 19-11-2009