EUPillar Gamesa Eólica S.A.Roj: STSJ GAL 3907/2014

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. The matter of the case is a labour dispute originated by a labour accident of an employee in Portugal, place where he was supplying services for a Portuguese company. The worker was employed by a Spanish company (domiciled in Spain). There is a plurality of defendants. Court decision: Spanish courts are competent to decide on the case as to the foreign co-defendant (Portuguese company) according to art. 6.1 of Brussels I Regulation (the claims are so closely linked that it is necessary to hear and determine them in an aggregated manner in order to remove the risk of irreconcilable judgments which would result from separate proceedings). The court applies correctly the rules on special jurisdiction of Brussels I Regulation according to which a person domiciled in a Member State may also be sued where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings. Appeal history (not available in the database): Court decision: Juzgado de lo Social nº 003 de A CORUÑA (Spain) (First instance) Date: 17-11-2011