Alfa Laval Tumba AB & Ors v Separator Spares International Ltd & Ors [2012] EWCA Civ 1569 (29 November 2012)

Alfa Laval Tumba AB & Ors v Separator Spares International Ltd & Ors [2012] EWCA Civ 1569 (29 November 2012)

Claims for breach of copyright and misuse of confidential information against a former employee, where the acts alleged would constitute breaches of the employment contract, are 'matters relating to individual contracts of employment' under Article 18.1 of Council Regulation No 44/2001. Therefore, Article 20.1...

Source-derived case information.

Citation
[2012] EWCA Civ 1569
Parties
Respondent/claimant: Alfa Laval Tumba AB; Respondent/claimant: Alfa Laval Krakow Sp. zo.o (Formerly WYTWÓRNIA SEPARATOR KRAKÓW Sp.zo.o); First Defendant: Separator Spares International Ltd (In Liquidation); Second Defendant: Mark Richard Hardwick Pacy; Third Defendant & Appellant: Separator Spares Int. Poland Sp. Zo.o; Fourth Defendant & Appellant: Daniel Jasikowski
Jurisdiction
England and Wales
Judgment Date
29 November 2012
Procedural Posture
Appeal / Appeal From High Court (chancery Division) Decision on Joinder of Parties and Jurisdiction
Outcome
Appeal allowed; joinder of third and fourth defendants set aside.
Legal Topics
Jurisdiction Under Brussels Regulation, Employment Contract Disputes, Breach of Copyright, Misuse of Confidential Information, Unfair Competition
Private International Law Employment Law Intellectual Property Law Jurisdiction Under Brussels Regulation Employment Contract Disputes Breach of Copyright Misuse of Confidential Information Unfair Competition

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Parties

Alfa Laval Tumba AB

Respondent/claimant

Alfa Laval Krakow Sp. zo.o (Formerly WYTWÓRNIA SEPARATOR KRAKÓW Sp.zo.o)

Respondent/claimant

Separator Spares International Ltd (In Liquidation)

First Defendant

Mark Richard Hardwick Pacy

Second Defendant

Separator Spares Int. Poland Sp. Zo.o

Third Defendant & Appellant

Daniel Jasikowski

Fourth Defendant & Appellant

Procedural Posture

Appeal / Appeal From High Court (chancery Division) Decision on Joinder of Parties and Jurisdiction

Legal Issues

  1. 1 Whether claims against a former employee for breach of copyright and misuse of confidential information are 'matters relating to individual contracts of employment' under Article 18.1 of Council Regulation No 44/2001, thus requiring proceedings to be brought in the employee's domicile under Article 20.1.
  2. 2 Whether the English court has jurisdiction to join the Polish defendants under Article 6.1 of the Regulation.

Ratio Decidendi

Claims for breach of copyright and misuse of confidential information against a former employee, where the acts alleged would constitute breaches of the employment contract, are 'matters relating to individual contracts of employment' under Article 18.1 of Council Regulation No 44/2001. Therefore, Article 20.1 applies and the employer must bring proceedings in the employee's domicile. The English court does not have jurisdiction to join the Polish defendants under Article 6.1 in these circumstances.

Court Disposition

Appeal allowed; joinder of third and fourth defendants set aside.

Orders

  • Order of the High Court joining Separator Spares Int. Poland Sp. Zo.o and Daniel Jasikowski as defendants is set aside.