EUPillar BAG, 15.2.2012 – 10 AZR 711/10

Summary

The proceeding concerned the term ‘social security’ in Art. 1 (2) (c) Brussels I. The “ULAK” is an institution that ensures that employers will pay out the holiday remuneration to the employees of the building industry. The “ULAK” brought an action for payment against a construction company the employees were working for. The directors hadn’t paid out the holiday pay. It was doubtful whether German courts had international jurisdiction. The local and the regional labour court assumed the international jurisdiction of German courts. The Federal Labour Court affirmed these judgments. It held that the claim for payment was included by the meaning of the term ‘Civil and commercial matters’ in Art. 1 Brussels I and didn’t fall under the term ‘Social security’. According to the court the jurisdiction of German courts therefore was given. The court correctly recognized that the term ‘social security’ only refers to questions that directly concern social security. Agreements in collective labour acts do therefore not belong to ‘social security’ within the Regulation’s meaning. They don’t concern the relations between the social security agencies and the beneficiary. The judgment therefore is correct.