PIL instrument(s)
Brussels I
Case number and/or case name
Spanish Ministry of Industry, Tourism and Commerce. Roj: STSJ M 5477/2011 - ECLI:ES:TSJM:2011:5477.
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
26 May 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions. The matter of the case is a conflict of jurisdiction between Spanish and Australian courts and a labour dispute. The employer (a public authority) is domiciled in Spain. Court decision: Spanish courts are competent to decide on the case according to national law and art. 19 of Brussels I Regulation. In order to decide, the court applies Brussels I Regulation provisions on jurisdiction over individual contracts od employment, according to which, an employer domiciled in a Member State may be sued in the courts of the Member State where he is domiciled. Appeal history (not available in the database): Court decision: Juzgado de lo Social número 10 de MADRID (Spain) (First instance) Date: 26-10-2010

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