PIL instrument(s)

Case number and/or case name

BV E. v. R.K. - AR 2023826 - Arbrb. Hasselt, 22 April 2003

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

19 April 2003

Appeal history

CJEU's case law cited by the court

Summary

The claimant asks the court to pronounce the termination of the employment contract between the parties as of 12 December 2002, the day when the proceedings were initiated. The claimant, BV E., is a Dutch company and the employer of the defendant, R. K. The claimant had initially instituted proceedings in The Netherlands, but the District Court of Eindhoven declined jurisdiction on the basis of Art. 20 Brussels I. Subsequently, the employer initiated the present proceedings in Belgium. The Belgian court confirms that it has jurisdiction pursuant to Art. 20 Brussels I. Dutch law shall be applicable to the termination and dissolution of the employment agreement. Short critique As a consequence of Art. 20 Brussels I, the Belgian courts have jurisdiction and will have to apply Dutch employment termination law.