Case number and/or case name
BAG, 10.4.2014 – 2 AZR 741/13
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
09 April 2016
CJEU's case law cited by the court
Summary
The parties argued about the termination of an employment contract. The plaintiff living in Berlin was employed by the defendant, the state Algeria, as a driver for the Algerian embassy in Berlin. It was doubtful whether the defendant had correctly terminated his employment contract.
The court stated that German courts were internationally competent pursuant to Art 19 no 1 Brussels I. It held that the employer did not have its seat in a Member State but the Algerian embassy in Berlin could be considered as a branch within the meaning of Art 18 (2) Brussels I. It further held that the forum agreement made within the employment contract was invalid under Art 23 (5) Brussels I as the clause exclusively stated the international jurisdiction of Algerian courts.
The court applied German law pursuant to autonomous PIL.