Case number and/or case name
Spanish Foreign Affairs Ministry.Roj: STSJ M 3221/2014 - ECLI:ES:TSJM:2014:3221
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
09 March 2014
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 between an employee of the Spanish consulate in Buenos Aires (Argentina) and his employer (Spanish Foreign Affairs Ministry). The labour contract included a clause of submission to Argentinean courts. A first instance Spanish court resolved that Spanish courts were not competent to decide on the case.
Court decision: Spanish courts are competent to decide on the case according to art. 18 of Brussels I Regulation in as much as the employer is domiciled in Spain. The express submission clause is not valid for it was agreed before the controversy had arisen (art. 21 of that Regulation).
In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation for the recognition of the validity of express clauses of submission.
Appeal history (not available in the database):
Court decision: Juzgado de lo Social nº 32 de los de Madrid (Spain) (First instance)
Date: 08-02-2013