Case number and/or case name
ArbG Stuttgart, 15.11.2012 – 23 Ca 8738/11
Details of the court
Germany, First Instance
Articles referred to by the court
Rome I
Article 8
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Date of the judgement
14 November 2012
CJEU's case law cited by the court
Summary
The parties argued about a termination of an employment contract. It was doubtful whether German law applied to the employee’s claim.
The court held that it could be assumed that the parties implicitly agreed on German law given the following facts: the employment contract was written in German and the employee was assigned to a supervisor being in Germany.
Given the lack of further facts regarding the relation between the employer and the employee it seems reasonable that the court assumed a choice of law demonstrated by circumstances pursuant to Art. 3 (1) Rome I. The judgment is correct.