Rafael MS and Others v. Fosfatos de Bu-Craa SA

Abstract

State succession — Continuity of the law — Decolonization of Western Sahara — Transfer of administrative powers from Spain to Morocco and Mauritania — Public company — Transfer of supervisory functions from Spanish to Moroccan authorities — Whether employees continue to benefit from provisions of Spanish employment legislation — Difference in treatment of employees at installations in Western Sahara and employees at centres on Spanish territory — Distinction between benefits under Spanish legislation enacted before and after the transfer of powers

Territory — Acquisition of territorial sovereignty — Cession — Decolonization of Western Sahara — Madrid Agreement, 1975, between Mauritania, Morocco and Spain — De facto cession of Western Sahara from Spain to Morocco and Mauritania — The law of Spain