Initiative of the Kingdom of the Netherlands with a view to the adoption of a Council Regulation amending Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

(2002/C 311/09)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and Article 67(1) thereof,

Having regard to the initiative of the Kingdom of the Netherlands(1),

Having regard to the Opinion of the European Parliament(2),

Having regard to the Opinion of the Economic and Social Committee(3),

Whereas:

(1) Within the framework of the objective of the Community to establish progressively an area of freedom, security and justice in which the free movement of persons is ensured, Regulation (EC) No 44/2001(4) was adopted on 22 December 2000 and has entered into force on 1 March 2002.

(2) Regulation (EC) No 44/2001 provides for rules on jurisdiction in matters relating to individual contracts of employment. In particular, Article 20 of that Regulation provides for a rule on jurisdiction for proceedings brought by the employer. Judgments issued in accordance with Article 20 will be recognised and enforced under that Regulation.

(3) Due to difficulties that have arisen in trans-border labour relationships, it has become necessary to amend Article 20 of Regulation (EC) No 44/2001. According to the labour law of some Member States, as regards the termination of an employment contract, employers have the option to petition for judicial annulment instead of a dismissal, and in some cases, judicial annulment is mandatory. Judicial annulments offer advantages for both the employee and the employer.

(4) Considering the principle of free movement of workers and with a view to improving the conditions for judicial annulments, the employer is given the option to bring proceedings in the courts for the place where the employee habitually carries out his work. These courts have a particularly close link to the dispute, the point of connection generally being the same for the determination of the applicable law, and generally have the best possibilities to obtain information,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 20 of Regulation (EC) No 44/2001 the following paragraph shall be inserted: "1a. Proceedings brought by an employer to terminate a contract of employment may also be brought in the courts for the place where the employee habitually carries out his work or, if the employee does not habitually carry out his work in any one country, in the courts for the place where the business which engaged the employee is situated."

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.

Done at ...

For the Council

The President

...

(1) OJ C ...

(2) OJ C ...

(3) OJ C ...

(4) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 1496/2002 (OJ L 225, 22.8.2002, p. 13).