PIL instrument(s)

Case number and/or case name

Balbino. Roj: STSJ M 9106/2013 - ECLI:ES:TSJM:2013:9106

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

09 June 2013

Appeal history

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 labour dispute and the termination of employment o an employee working in several UE Member States (among them, Spain) and countries of Latin America. The employer is domiciled in the UK and does not have a branch or establishment in Spain. The parties included an agreement on jurisdiction to British courts in the contract of employment of the worker. Court decision: the court examines arts. 23 and 21 of Brussels I Regulation and concludes that the express clause of submission to the British courts was agreed before the controversy had arisen. As a consequence, it is not applicable. The court cites CJEU´s case law on the protection of the weaker party of a contract. Finally, the court states that Spanish courts are not competent to decide on the case in as much as the employer is not domiciled in Spain. Appeal history (not available in the database): Court decision: Juzgado de lo Social número 30 de los de Madrid (Spain) (First instance) Date:27-09-2012