Case number and/or case name
BAG, 25.4.2013 – 6 AZR 49/12
Details of the court
Germany, Third Instance
Articles referred to by the court
Brussels I
Article 1
Paragraph 2
SubParagraph b
Article 19
Paragraph 2
SubParagraph a
Date of the judgement
24 April 2013
CJEU's case law cited by the court
Summary
The parties argued about the termination of an employment contract. It was doubtful whether the international jurisdiction of German could be based on the Brussels I Regulation. The court had to examine the Regulation’s scope of application.
As it was claimed that the short notice period pursuant to § 113 sentence 2 InsO (German Insolvency Code) applied to the termination of the employment contract, the court examined whether the applicability of Brussels I was given in view of Art 1 (2) (b) Brussels I.
It stated that actions concerning the protection against dismissal that allegedly concerned § 113 InsO (particularly the short notice period established by the provision) did not have a specific relation to insolvency which would be necessary in order to assume the close link required by Art 3 (1) Insolvency Regulation for annex procedures. Actions based on the protection against dismissal had their legal basis in labour law and not in insolvency law.