Case number and/or case name
Moonstone Shipping.Roj: STSJ CAT 2583/2011 - ECLI:ES:TSJCAT:2011:2583 Id Cendoj: 08019340012011101514
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 23
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Article 60
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Date of the judgement
27 February 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 termination of employment. The employee (ship captain) lives in Spain. The employers are domiciled in Malta and Spain. Agreement on jurisdiction included in the labour contract (Maltese courts).
Court decision: according to arts. 2, 19.1 and 60 of Brussels I Regulation Maltese courts are competent to decide on the case only concerning the defendants domiciled in Malta.
Spanish courts are competent to resolve labour disputes between the worker and his employers domiciled in Spain. Art. 6.1 of Brussels I Regulation is not applicable following CJEU´s case law (restrictive interpretation: art. 6.1 is not applicable to labour disputes).
The express submission clause included in the labour contract is not valid for it was agreed before the controversy had arisen (art. 21 of Brussels I Regulation).
Appeal history (not available in the database):
Court decision: Juzgado Social 2 Barcelona (Spain) (First instance)
Date: 16-02-2010