EUPillar Banco Santander Central Hispano. Roj: STSJ M 8972/2014

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. The matter of the case is the termination of employment of an employee who works for a branch of a Spanish bank in the United Kingdom. The services were provided in the UK. The labour contract was signed in that country. A first instance Spanish court decided that Spain was competent to decide on the case (bank domiciled in Spain). Court decision: the court comes to the conclusion that Spanish courts are not competent to decide on the case according to ar. 19 of Brussels I Regulation. The court considers that the branch of the Spanish bank in the United Kingdom is an autonomous financial entity legally domiciled in the UK. The court makes a correct interpretation of the rules on jurisdiction over individual contracts of employment of Brussels I Regulation according to which an employer domiciled in a Member State may be sued in the courts of the Member State where he is domiciled (UK) or in another Member State in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so (UK as well). Appeal history (not available in the database): Court decision: Juzgado de lo Social nº 39 de los de MADRID (Spain) (First instance) Date: 29-07-2013