Tribunalul Mures; 2016-09-22; MORAR ADINA IOANA, reclamant, şi HORIZONT MEAT SERVICES BV, pârât ; 1041/102/2016
Decision by national courts in the field of European Union law — ECLI:RO:TBMUS:2016:002.000930
Date: 2016-09-22
Subject matter: Judicial cooperation in civil matters
Origin: Romania

82016RO0922(51)_ENG_SUMJURE
JURE summary
JURE summary
This case regards a question of international jurisdiction of the Romanian courts in a labour dispute which was resolved by the Tribunalul Mures (hereinafter ‘the Court of First Instance’).
A natural person domiciled in Romania (hereinafter ‘the plaintiff’) brought an action against its previous employer, a company domiciled in the Netherlands (hereinafter ‘the defendant’). The plaintiff sought an order requiring the defendant to pay remuneration regarding a period during which the plaintiff worked under an individual contract of employment concluded with the defendant.
The Court of First Instance invoked Article 21(1) of the Brussel I Regulation (recast) (1) according to which ‘an employer domiciled in a Member State may be sued in the courts of the Member State in which he is domiciled’. This condition was not met in the present case. None of the other provisions of Article 21 suggests that jurisdiction of the Romanian courts could be established. The work was carried out in the Netherlands, and the defendant had no branch, agency or other establishments in Romania.
There is no legal presumption on which the jurisdiction of the Romanian courts could be established. The jurisdiction cannot be derogated from a mere expression of the plaintiff’s will. Therefore, based on the jurisdiction rules provided by the Codul de procedură civilă (2), the Court of First Instance dismissed the action as inadmissible due to the general lack of jurisdiction of the Romanian courts over this dispute.
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) Code of Civil Procedure.