Anton Schlecker, v Melitta Josefa Boedeker [2013] EUECJ C-64/12 (12 September 2013)

Anton Schlecker, v Melitta Josefa Boedeker [2013] EUECJ C-64/12 (12 September 2013)

Article 6(2) of the Rome Convention must be interpreted as meaning that, even where an employee habitually carries out work for a lengthy period and without interruption in one country, the national court may disregard the law of that country if, from all the circumstances, the contract is more closely connected with another country.

Citation
[2013] EUECJ C-64/12
Parties
Employer: A. Schlecker, trading as ‘Firma Anton Schlecker’; Employee: Ms Boedeker
Jurisdiction
European Union
Judgment Date
12 September 2013
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference to the Court of Justice of the European Union
Outcome
Preliminary ruling issued; interpretation of Article 6(2) of the Rome Convention provided.
Legal Topics
Conflict of Laws, Employment Contracts, Applicable Law, Rome Convention, Habitual Place of Work, Closer Connection Exception
Private International Law Employment Law European Union Law Conflict of Laws Employment Contracts Applicable Law Rome Convention Habitual Place of Work +1 more

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Parties

A. Schlecker, trading as ‘Firma Anton Schlecker’

Employer

Ms Boedeker

Employee

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference to the Court of Justice of the European Union

Legal Issues

  1. 1 Whether Article 6(2) of the Rome Convention allows a national court to disregard the law of the country where the employee habitually works if the contract is more closely connected with another country, even when work is performed habitually and for a lengthy period in one country.

Ratio Decidendi

Article 6(2) of the Rome Convention must be interpreted as meaning that, even where an employee habitually carries out work for a lengthy period and without interruption in one country, the national court may disregard the law of that country if, from all the circumstances, the contract is more closely connected with another country.

Court Disposition

Preliminary ruling issued; interpretation of Article 6(2) of the Rome Convention provided.

Orders

  • Article 6(2) of the Rome Convention allows the national court to disregard the law of the country where the work is habitually carried out if the contract is more closely connected with another country.