r employer before a court must go to: either the court of the Member State where the employer is domiciled; the court where the employee habitually carries out his work ; the court of the last place where he did so or, when he doesn’t perform or hasn’t performed his work in the same country, the court of the place where the undertaking which hired him is or was situated. It is the next to last connecting criterion – the last place where the employee habitually worked – which the Supreme Court judged for the first time on March 31.
France: Supreme Court defines the last base of operation of employees who worked in several Member States
In line with Regulation 44/2001 – which transposes into Community Law the Brussels Convention which notably determines the competent court in the event of international labor relations – employees who want to bring their employer before a court must go to: either the court of the Member State where the employer is domiciled; the court where the employee habitually carries out his work ; the court of the last place where he did so or, when he doesn’t perform or hasn’t performed his work in the same country, the court of the place where the undertaking which hired him is or was situated. It is the next to last connecting criterion – the last place where the employee habitually worked – which the Supreme Court judged for the first time on March 31.
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