ECJ 12 September 2013, case C-64/12 (Anton Schlecker - v - Melitta Josefa Boedeker), Private international law, Applicable law

The plaintiff in this case, Ms Boedeker, was a German national. She was employed in Germany by...

ECJ 12 September 2013, case C-64/12 (Anton Schlecker - v - Melitta Josefa Boedeker), Private international law, Applicable law

The plaintiff in this case, Ms Boedeker, was a German national. She was employed in Germany by...

2013/48 Mandatory provisions of Rome Convention include international treaties (FR)

The French Supreme Court has ruled that the mandatory provisions to which Article 6 of the Rome Convention, dated 19 June 1980, refers, include those of the international treaties applicable in the country, notably the International Labour Organisation (“ILO”) conventions.

2013/48 Mandatory provisions of Rome Convention include international treaties (FR)

The French Supreme Court has ruled that the mandatory provisions to which Article 6 of the Rome Convention, dated 19 June 1980, refers, include those of the international treaties applicable in the country, notably the International Labour Organisation (“ILO”) conventions.

2012/28: Choice of law clause in contract with temp unenforceable (AT)

An Italian temp was hired out to a company in Austria. His contract provided that Liechenstein law applied and that there was a limitation of three months for bringing claims. After this period had expired he submitted a claim for unpaid bonuses for heavy and dirty work. The Austrian Supreme Court upheld the claim on the basis that the time limit was in breach of the Posting Directive and therefore invalid.

2012/28: Choice of law clause in contract with temp unenforceable (AT)

An Italian temp was hired out to a company in Austria. His contract provided that Liechenstein law applied and that there was a limitation of three months for bringing claims. After this period had expired he submitted a claim for unpaid bonuses for heavy and dirty work. The Austrian Supreme Court upheld the claim on the basis that the time limit was in breach of the Posting Directive and therefore invalid.

ECJ 15 March 2011 (Grand Chamber), case C-29/10 (Heiko Koelzsch – v – Luxembourg), Applicable law

Article 6(2)(a) of the Rome Convention means that, in a situation in which an employee works in more than one EU country, the country in which he or she habitually carries out work is that in which or from which he or she performs the greater part of his or her duties towards the employer. Note: Case C-230/10 (Saenz Morales) was withdrawn on 3 February 2001.

ECJ 15 March 2011 (Grand Chamber), case C-29/10 (Heiko Koelzsch – v – Luxembourg), Applicable law

Article 6(2)(a) of the Rome Convention means that, in a situation in which an employee works in more than one EU country, the country in which he or she habitually carries out work is that in which or from which he or she performs the greater part of his or her duties towards the employer. Note: Case C-230/10 (Saenz Morales) was withdrawn on 3 February 2001.