BAG; 2016-12-15; 6 AZR 430/15
Decision by national courts in the field of European Union law — ECLI:DE:BAG:2016:151216.U.6AZR430.15.0
Date: 2016-12-15
Subject matter: Judicial cooperation in civil matters;Lugano Convention
Origin: Germany

82016DE1215(52)_ENG_SUMJURE
JURE summary
JURE summary
The case decided by the Bundesarbeitsgericht (hereinafter ‘the Supreme Court’) concerned the termination of a legal relationship established by a CRO agreement.
The subject-matter of the case was a dispute between the defendant domiciled in Switzerland and a plaintiff living in Germany.
From 15 February 2013 to 1 April 2013, the plaintiff was employed by the defendant on the basis of a CRO agreement as the international sales manager for German speaking markets with a focus on Germany. The defendant terminated the employment relationship with a letter of 20 August 2013, which was handed over to the plaintiff on the same day.
The plaintiff contested the termination with an action filed with the Arbeitsgericht Mannheim (hereinafter ‘the Court of First Instance’) which the court received on 12 December 2013. According to the plaintiff, the employment relationship did not end as of 30 September 2013, but on 31 March 2018 at the earliest, citing that the contract of employment had been concluded for an unlimited period of time with a minimum term as provided for therein. The contract itself could be terminated, but only upon properly observing a notice of termination of 12 months. The defendant requested the action to be dismissed as it considered the notice of termination to have been made effectively.
The Court of First Instance dismissed the action. The plaintiff pursued its claims further by filing a revision which was found admissible by the Landesarbeitsgericht Baden-Württemberg (hereinafter ‘the Court of Appeal’).
The international jurisdiction of the German courts with regard to Switzerland followed from the provisions of the new Lugano Convention (1). The Court of Appeal correctly found that international jurisdiction of the German courts had been established under Article 24 of the new Lugano Convention due to the fact that the defendant waived, of at least withdrew, her objection regarding the lack of international jurisdiction raised on 7 January 2014 by a letter from 18 March 2014. By doing this, the defendant accepted the jurisdiction of the German courts to hear and decide the case.
The Court of Appel was correct to find that the notice of termination of 20 August 2013 had been effective form the start under Article 7 KSchG (2). The plaintiff had not made any claims within the 3-weeks period for filing an action under Article 4 KSchG that the employment relationship had not terminated by the notice of termination. The Court of First Instance did not receive the action until 12 December 2013. The employment relationship between the parties ceased to exist on 30 August 2013.
The Supreme Court dismissed the revision of the plaintiff against the ruling of the Court of Appeal.
(1) Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) Kündigungsschutzgesetz (Protection Against Unfair Dismissal Act).