2019/6 Choice of Belgian law in an employment contract extends to all provisions that regulate the mutual rights and obligations of the parties to the contract (BE)

According to the Belgian Supreme Court, a choice of Belgian law for an employment relationship extends to all provisions beyond the employment contract. If parties choose to apply Belgian law to their employment relationship, this choice may extend to all provisions of Belgian law which regulate the mutual rights and obligations of the parties. This includes legislation on well-being at work and, hence, the payment of a protection indemnity following dismissal after filing a claim for harassment.

2019/6 Choice of Belgian law in an employment contract extends to all provisions that regulate the mutual rights and obligations of the parties to the contract (BE)

According to the Belgian Supreme Court, a choice of Belgian law for an employment relationship extends to all provisions beyond the employment contract. If parties choose to apply Belgian law to their employment relationship, this choice may extend to all provisions of Belgian law which regulate the mutual rights and obligations of the parties. This includes legislation on well-being at work and, hence, the payment of a protection indemnity following dismissal after filing a claim for harassment.

ECJ 21 June 2018, C-1/17 (Petronas Lubricants), Private international law, competency

Petronas Lubricants Italy SpA – v – Livio Guida An employer may lodge a counterclaim at the forum chosen by the employee even if the counterclaim does not arise in relation to its own legal rights but is assigned to it after the employee has commenced proceedings.

ECJ 21 June 2018, C-1/17 (Petronas Lubricants), Private international law, competency

Petronas Lubricants Italy SpA – v – Livio Guida An employer may lodge a counterclaim at the forum chosen by the employee even if the counterclaim does not arise in relation to its own legal rights but is assigned to it after the employee has commenced proceedings.

ECJ 21 June 2018, C-1/17 (Petronas Lubricants), Private international law, Competency
 

An employer may lodge a counterclaim at the forum chosen by the employee even if the counterclaim does not arise in relation to its own legal rights but is assigned to it after the employee has commenced proceedings.
Petronas Lubricants Italy SpA – v – Livio Guida

ECJ 21 June 2018, C-1/17 (Petronas Lubricants), Private international law, Competency<br /> &nbsp;

An employer may lodge a counterclaim at the forum chosen by the employee even if the counterclaim does not arise in relation to its own legal rights but is assigned to it after the employee has commenced proceedings.
Petronas Lubricants Italy SpA – v – Livio Guida

2018/7 ‘Ryanair’ after ‘Ryanair’: Crew member still left empty-handed? (NL)

A Dutch first instance court applies the recent ECJ Ryanair ruling (C-168/16 and C-169/16) in another Ryanair private international law dispute. Even though the Dutch court accepted jurisdiction, it applied Irish law to the employees’ unfair termination claim.

2018/7 &lsquo;Ryanair&rsquo; after &lsquo;Ryanair&rsquo;: Crew member still left empty-handed? (NL)

A Dutch first instance court applies the recent ECJ Ryanair ruling (C-168/16 and C-169/16) in another Ryanair private international law dispute. Even though the Dutch court accepted jurisdiction, it applied Irish law to the employees’ unfair termination claim.

2017/35 The jurisdiction of the court in claims against a managing director living outside The Netherlands (NL)

The Dutch Supreme Court decided that proceedings of a company against its managing director should be brought before the court in the country where the managing director is domiciled, in accordance with Article 20(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This only applies if the managing director, in his capacity as director and manager, for a certain period of time, performed services for and under the direction of the company in return for remuneration, since in such a case it is presumed that he has an employment agreement as a worker.

2017/35 The jurisdiction of the court in claims against a managing director living outside The Netherlands (NL)

The Dutch Supreme Court decided that proceedings of a company against its managing director should be brought before the court in the country where the managing director is domiciled, in accordance with Article 20(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This only applies if the managing director, in his capacity as director and manager, for a certain period of time, performed services for and under the direction of the company in return for remuneration, since in such a case it is presumed that he has an employment agreement as a worker.