OF EMPLOYMENT CONFERRING JURISDICTION , WHICH COULD HAVE BEEN REGARDED UNDER FRENCH LEGISLATION PRIOR TO 1 FEBRUARY 1973 AS BEING VOID , RECOVERS ITS VALIDITY AT THE DATE OF THE ENTRY INTO FORCE OF THE CONVENTION .
5 IT IS APPROPRIATE TO ANSWER THIS POINT BY STATING , ON THE ONE HAND , THAT THE CONVENTION DOES NOT AFFECT RULES OF SUBSTANTIVE LAW AND , ON THE OTHER HAND , THAT , AS THE CONVENTION SEEKS TO DETERMINE THE JURISDICTION OF THE COURTS OF THE CONTRACTING STATES IN THE INTRA-COMMUNITY LEGAL ORDER IN REGARD TO MATTERS OF CIVIL JURISDICTION , THE NATIONAL PROCEDURAL LAWS APPLICABLE TO THE CASES CONCERNED ARE SET ASIDE IN THE MATTERS GOVERNED BY THE CONVENTION IN FAVOUR OF THE PROVISIONS THEREOF .
6 BY ITS NATURE A CLAUSE IN WRITING CONFERRING JURISDICTION AND OCCURRING IN A CONTRACT OF EMPLOYMENT IS A CHOICE OF JURISDICTION ; SUCH A CHOICE HAS NO LEGAL EFFECT FOR SO LONG AS NO JUDICIAL PROCEEDINGS HAVE BEEN COMMENCED AND ONLY BECOMES OF CONSEQUENCE AT THE DATE WHEN JUDICIAL PROCEEDINGS ARE SET IN MOTION .
THAT IS THEREFORE THE RELEVANT DATE FOR THE PURPOSES OF AN APPRECIATION OF THE SCOPE OF SUCH A CLAUSE IN RELATION TO THE LEGAL RULES APPLYING AT THAT TIME .
THE JUDICIAL PROCEEDINGS WERE INSTITUTED ON 27 NOVEMBER 1973 AND THE CONVENTION THUS APPLIES IN PURSUANCE OF ARTICLE 54 THEREOF .
THE EFFECT OF THAT ARTICLE INDEED IS THAT THE ONLY ESSENTIAL FOR THE RULES OF THE CONVENTION TO BE APPLICABLE TO LITIGATION RELATING TO LEGAL RELATIONSHIPS CREATED BEFORE THE DATE OF THE COMING INTO FORCE OF THE CONVENTION IS THAT THE JUDICIAL PROCEEDINGS SHOULD HAVE BEEN INSTITUTED SUBSEQUENTLY TO THAT DATE , WHICH IS THE POSITION IN THE PRESENT INSTANCE .
7 CONSEQUENTLY THE ANSWER TO THE QUESTION RAISED BY THE FRENCH COUR DE CASSATION ( SOCIAL CHAMBER ) MUST BE THAT ARTICLES 17 AND 54 OF THE CONVENTION MUST BE INTERPRETED TO MEAN THAT , IN JUDICIAL PROCEEDINGS INSTITUTED AFTER THE COMING INTO FORCE OF THE CONVENTION , CLAUSES CONFERRING JURISDICTION INCLUDED IN CONTRACTS OF EMPLOYMENT CONCLUDED PRIOR TO THAT DATE MUST BE CONSIDERED VALID EVEN IN CASES IN WHICH THEY WOULD HAVE BEEN REGARDED AS VOID UNDER THE NATIONAL LAW IN FORCE AT THE TIME WHEN THE CONTRACT WAS ENTERED INTO .
Decision on costs
COSTS
8 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE COUR DE CASSATION ( SOCIAL CHAMBER ) BY A JUDGMENT OF 10 JANUARY 1979 , HEREBY RULES :
ARTICLES 17 AND 54 OF THE CONVENTION OF BRUSSELS OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS MUST BE INTERPRETED TO MEAN THAT , IN JUDICIAL PROCEEDINGS INSTITUTED AFTER THE COMING INTO FORCE OF THE CONVENTION , CLAUSES CONFERRING JURISDICTION