Gerechtshof Leeuwarden, arrest van 25/08/2004 0200346
Decision by national courts in the field of European Union law — ECLI:NL:GHLEE:2004:AQ8087
Date: 2004-08-25
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

82004NL0825(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a person domiciled in the Netherlands, has claimed the payment of salary based on an employment contract from the defendant, a German company. The Kantongerecht Sneek (NL) rejected the claim and the plaintiff entered an appeal against this decision.
The Hof Leeuwarden (NL) states that the Kantongerecht did not assess its international jurisdiction on the basis of the Brussels Convention and states that based on Article 5(1) Brussels Convention in matters concerning contractual obligations from employment contract, the court of the place where the employee habitually carried out his work has jurisdiction. The Hof further states that, if in accordance with the judgement of the Kantongerecht the contract between parties is to be characterized as an employment contract in the sense of Article 5(1) Brussels Convention, the Kantongerecht indeed had jurisdiction because the place where the plaintiff habitually carried out his work is located in the jurisdiction of the Kantongerecht. The Hof states that if the contract is not an employment contract in the sense of Article 5(1) Brussels Convention, the court in Leeuwarden would have jurisdiction as the obligation in question – the work performed by the plaintiff in the framework of the contract – was carried out in Leeuwarden. In that case, the Kantongerecht should have referred the case to the competent court in Leeuwarden. Finally, the Hof considers that it is not, concerning the contractual relationship, a matter of employment contract and affirms on the basis of this justification, the decision of the Kantongerecht..