The regulation 44/2001 of December 22nd 2000 concerning the judicial competence, the regognition and exectution of orders for civil and commercial matter grants the employee with an advantage in comparision with the employer : while the latter can only submit a case to the salaried worker's place of residence, the employee can either refer the case to the employer's place of recidence (registered office) or his usual working place's one. However, this option granted to the salried worker does not allow him to bring the lawsuit before the competent court of his own place of residence. (Ref 06543)
These are asymmetrical dispute’s rules that the Court of Cassastion reminds of in a lawsuit where the employee, living in France, had submitted the case to the Labour Court in Voiron, whereas his employer was set up in Luxemburg and that the work was done in this country. The Court had wrongly sentenced the employer to various compensations after noticing he never appeared in court. Enforcing the article 26 of the regulations 44/2001, the Court of Cassation explains that when the defendant, liv
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