Summary
Italian courts retain jurisdiction over a claim filed against the Italian Ministry of Foreign Affairs by an employee of the Italian Embassy in Russia. In fact, Articles 19 and 21 of Regulation (EC) No 44/2001 – which applies to this case – provide, on the one hand, for the jurisdiction of the courts of the Member State where the employer is domiciled and, on the other hand, for the possibility to derogate from the provisions on jurisdiction concerning employment contracts by means of an agreement which either is entered into after the dispute has arisen or grants to the employee the possibility to bring the claim before a court other than those indicated. Accordingly, the agreement conferring jurisdiction to the court for the place where the employee’s activity is carried out pursuant to the contract cannot produce effects since it was entered into before the dispute arose.