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When EU Regulation confers jurisdiction to hear embassy workers' claims (News, 1 August 2012)

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Published on: 01 August 2012

Published by a LexisNexis Employment expert

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Article summary

Where a person working in an embassy of country X, situated in EU Member State Y, brings a claim (against country X) that relates to his contract of employment before a Court or tribunal in Member State Y, EC Council Regulation 44/2001 will confer general jurisdiction on that Court or tribunal to hear that claim provided that the work functions exercised under the contract did not 'fall within the exercise of public powers'. Secondly, an agreement on jurisdiction, concluded between the parties to an employment contract before a dispute arises, (a) cannot exclude the jurisdiction of Courts or tribunals of Member States specified as having jurisdiction under the provisions of EC Council Regulation 44/2001, but (b) can have the effect of giving the employee the possibility of bringing proceedings in countries additional to those specified by the Regulation. ECJ: Mahamdia v People's Democratic Republic of Algeria.

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