CELEX: 62012CN0064
Language: en
Date: 2012-02-08 00:00:00
Title: Case C-64/12: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 8 February 2012 — A. Schlecker, trading under the name, ‘Firma Anton Schlecker’ , other party: M.J. Boedeker

28.4.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 126/5
            
         Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 8 February 2012 — A. Schlecker, trading under the name, ‘Firma Anton Schlecker’, other party: M.J. Boedeker
   (Case C-64/12)
   2012/C 126/09
   Language of the case: Dutch
   
      Referring court
   
   Hoge Raad der Nederlanden
   
      Parties to the main proceedings
   
   
      Applicant: A. Schlecker, trading under the name, ‘Firma Anton Schlecker’
   
      Defendant: M.J. Boedeker
   
      Questions referred
   
   
               1.
            
            
               Should Article 6(2) (1) of the Convention on the law applicable to contractual obligations be interpreted in such a way that, if an employee carries out the work in performance of the contract not only habitually but also for a lengthy period and without interruption in the same country, the law of that country should be applied in all cases, even if all other circumstances point to a close connection between the employment contract and another country?
            
         
               2.
            
            
               Does an affirmative answer to Question 1 require that the employer and the employee, when concluding the contract of employment, or at least at the commencement of the work, intended, or at least were aware of the fact, that the work would be carried out over a long period and without interruption in the same country?
            
         
      (1)  Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 (OJ 1980 L 266, p. 1).