CELEX: 62017CA0603
Language: en
Date: 2019-04-11 00:00:00
Title: Case C-603/17: Judgment of the Court (First Chamber) of 11 April 2019 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — Peter Bosworth, Colin Hurley v Arcadia Petroleum Limited and Others (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Lugano II Convention — Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Title II, Section 5 (Articles 18 to 21) — Jurisdiction over individual contracts of employment)

17.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 206/6
            
         
      Judgment of the Court (First Chamber) of 11 April 2019 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — Peter Bosworth, Colin Hurley v Arcadia Petroleum Limited and Others
      (Case C-603/17) (1)
      
      (Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in civil matters - Lugano II Convention - Jurisdiction and recognition and enforcement of judgments in civil and commercial matters - Title II, Section 5 (Articles 18 to 21) - Jurisdiction over individual contracts of employment)
      (2019/C 206/07)
      Language of the case: English
      
         Referring court
      
      Supreme Court of the United Kingdom
      
         Parties to the main proceedings
      
      
         Applicants: Peter Bosworth, Colin Hurley
      
         Defendants: Arcadia Petroleum Limited and Others
      
         Operative part of the judgment
      
      The provisions of Section 5 of Title II (Articles 18 to 21) of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed on 30 October 2007, the conclusion of which was approved on behalf of the Community by Council Decision 2009/430/EC of 27 November 2008, must be interpreted as meaning that a contract between a company and a natural person performing the duties of director of that company does not create a relationship of subordination between them and cannot, therefore, be treated as an ‘individual contract of employment’, within the meaning of those provisions, where, even if the shareholder(s) of that company have the power to procure the termination of that contract, that person is able to determine or does determine the terms of that contract and has control and autonomy over the day-to-day operation of that company’s business and the performance of his own duties.
      
         (1)  OJ C 437, 18.12.2017.