Arbeitsgericht Köln; 2016-08-25; 11 Ca 3949/15
Decision by national courts in the field of European Union law — ECLI:DE:ARBGK:2016:0825.11CA3949.15.00
Date: 2016-08-25
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82016DE0825(51)_ENG_SUMJURE
JURE summary
JURE summary
An aeroplane pilot domiciled in Copenhagen (Denmark) (hereinafter ‘the plaintiff’) filed an action contesting the effectiveness of a notice of termination he had received from his former employer, an airline domiciled Denmark (hereinafter ‘the defendant’).
The employment agreement with the place of employment in Cologne was subject to Danish law and concluded in Danish. The defendant terminated the employment in due manner as the plaintiff had been unfit to work for 120 days straight.
According to the plaintiff, the employment was subject to German law.
The seised court, the Arbeitsgericht Köln (hereinafter ‘the plaintiff’), found the action inadmissible and dismissed it.
The international jurisdiction of the German courts did not follow from Article 20(1) of the Brussels I Regulation (recast) (1) as the defendant was not a resident of Germany, but of Denmark.
The international jurisdiction of the German courts did not follow from Article 21(1)(b)(ii) of the Brussels I Regulation (recast) either. According to that provision, an employee may sue in the place where he habitually carries out his work. However, Cologne was not this place. According to the prevailing opinion, flying personnel have their habitual place of work at the place of their respective aeroplane and therefore in the country where the plane is registered which was Denmark in this case.
The employment agreement expressly stipulated Copenhagen to be the headquarters of the airline (thus being the habitual place of work). Even though the specific place of work was Cologne, it could have been changed any time under the provisions of the employment agreement.
The employment agreement was undoubtedly connected to Denmark. The plaintiff himself spoke little German. The German language was also not his working language.
(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.