Fogasa. Roj: STSJ GAL 4944/2014 - ECLI:ES:TSJGAL:2014:4944
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
SubParagraph a
Paragraph 7
SubParagraph b
Article 19
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Date of the judgement
21 July 2014
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 labour dispute orignated by a termination of employment. The employer of the dismissed worker is a Spanish company domiciled in Spain. The services were provided by the employee in Portugal.
Court decision: Spanish courts are not competent to decide on the case according to arts. 5 and 19 of Brussels I Regulation.
In order to decide, the court applies Brussels I Regulation provisions on special jurisdiction according to which a person domiciled in a Member State may, in another Member State, be sued in matters relating to a contract, in the case of the provision of services, in the place of a Member State where, under the contract, the services were provided or should have been provided.
Appeal history (not available in the database):
Court decision: Juzgado de lo Social N. 4 de Vigo (Spain) (First instance)
Date: 03-12-2013