Hoge Raad, 1e kamer, arrest van 04/02/2000 Herbert Weber / Universal Ogden Services Ltd
Decision by national courts in the field of European Union law — ECLI:NL:HR:2000:AG7697
Date: 2000-02-04
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

82000NL0204(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, domiciled in Germany, was employed with a Scottish company, the defendant. At least a part of his work was carried out aboard mining vessels or at mining installations stationed on the Dutch continental shelf. The extent of his work on the Dutch continental shelf is disputed; it is, however, known that he also worked for a certain period in Danish territorial waters. The plaintiff brought an action against the defendant before the Kantongerecht of Alkmaar (NL), alleging that the defendant had terminated his employment unlawfully. The Kantongerecht dismissed, on the basis of Dutch law, a plea contesting jurisdiction raised by the defendant, and held part of the plaintiff's action to be well founded. The defendant brought an appeal before the Rechtbank Alkmaar (NL). The Rechtbank, also applying Dutch law, reversed the decision of the Kantongerecht, declaring that the Kantongerecht had no jurisdiction. The plaintiff appealed in cassation to the Hoge Raad.
The Hoge Raad (NL) rules that the Rechtbank erred as a matter of law in failing to consider sua sponte whether the rules of the Brussels Convention, especially Article 5(1), conferred jurisdiction on the Dutch courts. The Hoge Raad decides to stay proceedings, and refers questions to the ECJ Justice for a preliminary ruling. These questions were answered by the ECJ in its judgment of 27 February 2002, Case C-37/00.