Abama & ors -v- Gama Construction (Ireland) Ltd & anor [2015] IECA 179 (31 July 2015)

Abama & ors -v- Gama Construction (Ireland) Ltd & anor [2015] IECA 179 (31 July 2015)

Irish courts have jurisdiction to hear the plaintiffs' claims under Regulation 44/2001 EC, as Gama Turkey is deemed domiciled in Ireland for employment disputes. The Regulation is mandatory and precludes the application of forum non conveniens and exclusive jurisdiction clauses entered before the dispute. Procedural errors in the application for service out of jurisdiction and endorsement do not deprive the court of jurisdiction; amendments are permissible.

Citation
[2015] IECA 179
Parties
Plaintiffs/respondents: Mevlut Abama And Others; Defendant/appellant: Gama Construction (Ireland) Limited; Defendant/appellant: Gama Endustri Tesisleri Imalat Ve Montaj A. S.
Jurisdiction
Ireland
Judgment Date
31 July 2015
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Forum Non Conveniens, Exclusive Jurisdiction Clauses, Service Out of Jurisdiction, Council Regulation 44/2001, Contracts of Employment
Private International Law Employment Law Civil Procedure Jurisdiction Forum Non Conveniens Exclusive Jurisdiction Clauses Service Out of Jurisdiction Council Regulation 44/2001 +1 more

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Parties

Mevlut Abama And Others

Plaintiffs/respondents

Gama Construction (Ireland) Limited

Defendant/appellant

Gama Endustri Tesisleri Imalat Ve Montaj A. S.

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Irish courts have jurisdiction to hear claims by Turkish employees against Turkish and Irish companies under Regulation 44/2001
  2. 2 Whether procedural errors in service out of jurisdiction preclude reliance on the Regulation
  3. 3 Whether exclusive jurisdiction clauses and forum non conveniens principles are overridden by the Regulation

Ratio Decidendi

Irish courts have jurisdiction to hear the plaintiffs' claims under Regulation 44/2001 EC, as Gama Turkey is deemed domiciled in Ireland for employment disputes. The Regulation is mandatory and precludes the application of forum non conveniens and exclusive jurisdiction clauses entered before the dispute. Procedural errors in the application for service out of jurisdiction and endorsement do not deprive the court of jurisdiction; amendments are permissible.

Court Disposition

Appeal dismissed

Orders

  • Irish courts retain jurisdiction under Regulation 44/2001 EC
  • Procedural amendments to the summons are permitted