Case number and/or case name
ArbG Bielefeld, 4.5.2011 – 6 Ca 256/11
Details of the court
Germany, First Instance
Articles referred to by the court
Date of the judgement
03 May 2011
CJEU's case law cited by the court
Summary
The parties argued about payment claims from an employment contract. The plaintiff is a teacher who is employed in a Greek school in Germany. His contract had been modified within the restructuring measures undertaken in the financial crisis which resulted in a reduced monthly payment.
The court held that German courts were competent to administer justice. The principle of state immunity did not prohibit the jurisdiction of German courts. The conclusion of the employment contract as well as its termination was not part of the state’s sovereign activities.
The court stated that German law applied to the case, Art 8 (2) sentence 1 Rome I because the parties did not make a choice of law under Art 8 (1), 3 (1) Rome I. As the plaintiff habitually carried out his work in Germany, German law applied to the case. The court additionally stated that even the parties have probably assumed that German law was applicable as they referred to the provisions of German collective agreements in the employment contract.