EUPillar Henricus P. v. HAMILTON SUNDSTRAND CSC MAASTRICHT BV - A.R. 2070184

Summary

On 5 August 2005, the employer (respondent) served its employee (appellant) to appear before the Labour Court of Tongeren in Belgium, calling for the dissolution of the employment contract for “serious reasons” pursuant to Art. 7-685 of the Dutch Civil Code. The Labour Court of Tongeren has pronounced the dissolution of the employment contract (under the Dutch Civil Code). This judgment was appealed to the Labour Court of Appeal of Antwerp. Just like the Labour Court of Tongeren, the Court of Appeal finds that it has jurisdiction on the basis of Art. 20 of the Brussels I Regulation (“An employer may bring proceedings only in the courts of the Member State in which the employee is domiciled”). The defendant argues that the appeal is inadmissible because Dutch law does not allow an appeal against such dissolution of the contract as in this case. According to the appellant, Belgian procedural law applies so that the appeal would be admissible. The judge takes the substantive rules of the Dutch Civil Code into account. Even in Belgian law, the right of appeal is not an absolute right and can suffer exceptions laid down by law. According to the Court such reasoning does not conflict with the European "idea of equality" and is consistent with Article 15 of the Belgian Code on Private International Law. For these reasons, the Labour Court of Appeal finds that it has no jurisdiction and declares the appeal inadmissible.