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Jurisdiction for claims by employees working in more than one EU country (Nogueira and ors v Crewlink, Osacar v Ryanair)

Published on: 09 May 2017
Published by: LexisPSL
  • Jurisdiction for claims by employees working in more than one EU country (Nogueira and ors v Crewlink, Osacar v Ryanair)
  • Original news
  • What is the impact of this judgment?
  • What is the relevant background law?
  • What were the facts?
  • What did the national courts decide?
  • What was the Opinion of the Advocate General?
  • Case details

Article summary

Employment analysis: Where an international cabin crew employee can bring a claim in respect of his employment is determined by where he ‘habitually carries out his work’. That is not determined by the ‘home base’ (as defined in Annex III of Reg 3922/91, as amended) and the nationality of the aircraft and legal relationship with the employer are irrelevant. It is the place where, or from which, the employee principally carries out his obligations to his employer. That depends on all the circumstances but may be shown for example by: (1) where he starts and ends his working days, (2) where the aircraft on board which he carries out his work is habitually based, (3) where he is made aware of the instructions communicated by his employer and where he organises his working day, (4) where he is contractually required to live, (5) where an office made available by the employer is situated, and (6) where he must attend when he is unfit for work or in the event of disciplinary problems, according to an Opinion of an Advocate General of the ECJ. or take a trial to read the full analysis.

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