Case number and/or case name
Spanish Ministry of Defence (2). Roj: STSJ M 758/2012 - ECLI:ES:TSJM:2012:758
Details of the court
Spain, First Instance
Articles referred to by the court
Date of the judgement
14 March 2011
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 on jurisdiction and applicable law and a labour dipute. Civil local employees (translators and interpreters) hired by the Spanish Ministry of Defence in Bosnia-Herzegovina claim against what they consider an unfair dismissal.
Court judgment: Spanish courts are competent to decide on the case according to arts. 18 and 21 of Brussels I Regulation.
Nevertheless, Spanish law is not applicable according to art 8 of Rome I Regulation; local foreign law must be applied (Bosnia-Herzegovina law).