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The Advocate General proposes that a Swiss debt recovery payment order is not a “judgment” under the Lugano II Convention because the authority lacks judicial functions.
Commerzbank (Judicial cooperation in civil matters - Jurisdiction - Opinion) [2021] EUECJ C-296/20_O (09 September 2021)
Article 15(1)(c) of the Lugano II Convention does not apply where, at the time of contract conclusion, both parties are domiciled in the same State bound by the Convention and the international element arises only subsequently due to the consumer's relocation. The provision is intended to apply where the professional voluntarily creates a cross-border link by pursuing or directing activities to another State, ensuring foreseeability of jurisdiction. In the alternative, Article 15(1)(c) could apply if, after relocation, the professional pursues in the new State of domicile a trade or professio…
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Bosworth and Hurley (Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - matters relating to individual contracts of employment - Opinion) [2019] EUECJ C-603/17_O (24 January 2019)
A company director who enjoys total control and autonomy over the day-to-day operation of the company and the performance of his own duties is not subordinate to the company and therefore does not have an 'individual contract of employment' within the meaning of Article 18(1) of the Lugano II Convention. Consequently, claims against such directors do not fall within Section 5 of the Convention, and the special jurisdictional rules protecting employees do not apply.
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