rutten_crossECJ1997
ECJ Convention on Jurisdiction and the Enforcement of Judgments – Special jurisdiction – Court for the place of performance of the contractual obligation – Contract of employment – Place where the employee habitually carries out his work – Meaning – Work carried out in more than one Contracting State
(Brussels Convention of 27 September 1968, Art. 5(1), as amended by the 1989 Accession Convention)
Article 5(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 26 May 1989 on the Accession of the Kingdom of Spain and the Portuguese Republic, must be interpreted as meaning that where, in the performance of a contract of employment, an employee carries out his work in several Contracting States, the place where he habitually carries out his work, within the meaning of that provision, is the place where he has established the effective centre of his working activities. When identifying that place, it is necessary to take into account the fact that the employee spends most of his working time in one of the Contracting States in which he has an office where he organizes his activities for his employer and to which he returns after each business trip abroad.
Times 27-Jan-1997, [1997] ILPr 199, [1997] ECR I-57, C-383/95, [1997] EUECJ C-383/95, [1997] IRLR 249,, [1997] ICR 715, [1997] All ER (EC) 121
Bailii
Brussels Convention 1968 5(1)
European, Employment
Leading Case
Updated: 09 November 2021; Ref: scu.161738
