The parties argued on the establishing of a conciliation committee for the establishment of a collective agreement. The employer had concluded a collective agreement with a trade union that contained a forum clause in favour of German courts.
The court had to consider the international jurisdiction of German courts. The court held that the choice of forum agreement in a company agreement in which the parties choose the international jurisdiction of German courts was a prorogation of jurisdiction within the meaning of Art. 23 Brussels I.
The court considered whether it was necessary to make a preliminary reference to the CJEU concerning the question whether a dispute between the employer and the trade union falls within the scope of application of the Brussels I Regulation. The court tended to negate the question. It didn’t make a reference because even if the Brussels I Regulation had to be applied there would have been given the international jurisdiction pursuant to Art. 23 Brussels I (otherwise there would have been the jurisdiction of German courts pursuant to national jurisdiction rules). In the company agreement the parties stated their duties and rights towards each other and also that they can be claimed before German labour courts. The formal requirements were given and there further had been a consensus between the parties. Therefore the international jurisdiction could be assumed under the Brussels I Regulation.