EUPillar LAG Düsseldorf, 28.5.2009

Summary

The parties argued on the validity of a termination of an employment contract. It was doubtful whether German courts had international jurisdiction to judge the issue. The plaintiff was a sailor. He was engaged by the defendant who is a company based in Luxembourg. The defendant’s ships were sailing with a German flag and the crew only spoke German. The ship was sailing from Duisburg (Germany) to Rotterdam (Netherlands) and there were no shore leaves. The employment contract had been signed in Luxembourg. The Labour Court denied the international jurisdiction of German courts. The Regional Labour Court contested the decision of the Labour court. It held that the place where the employee habitually carries out his work was Germany given the following conditions: the employee started his work from Germany, Germany was the meeting point of all employees and the place of staff meetings, the ships sailed under the German flag. It assumed that German courts were internationally competent. This decision was confirmed by the highest instance of Labour Courts (Federal Labour Court) in 2011. The rules on the special jurisdiction in labour matters aimed to protect the employee by granting a venue which he can gain access to easily and to which he is connected in certain aspects. Also, the ship sailed under the German flag and correspondences were made in German. The connections to other countries however seem to be of secondary interest. Therefore, the judgment is correct.