Judgment of the Court (First Chamber) of 11 December 2025 (request for a preliminary ruling from the Cour de cassation – France) – Locatrans Sàrl v ES
(Case C-485/24, 1 Locatrans)
(Reference for a preliminary ruling – Rome Convention on the law applicable to contractual obligations – Article 6 – Contract of employment – Choice made by the parties – Mandatory rules of the law which would be applicable in the absence of choice – Determination of the law applicable – Habitual place of work – Change of habitual place of work in the course of the employment relationship – Contract of employment more closely connected with another country – Criteria for assessment – Account to be taken of the most recent habitual place of work)
Language of the case: French
Referring court
Cour de cassation
Parties to the main proceedings
Appellant: Locatrans Sàrl
Respondent: ES
Operative part of the judgment
Articles 3 and 6 of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, and in particular the last limb of Article 6(2), must be interpreted as meaning that where an employee, after having worked for a certain time in one place, is called upon to take up his or her work activities in a different place, which is intended to become the new habitual place of work for that employee, account should be taken of that latter place, in the context of the examination of all the circumstances, with a view to determining the law which would be applicable in the absence of a choice made by the parties.
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1 OJ C, C/2024/6241.