Ceci n’est pas une base Ryanair – The court in Charleroi on ‘place where the employee habitually carries out his work’

gavc law - geert van calster

The title of this piece is taken from a press release by CNE, the trade union who represented plaintiff – and who provided me with a copy of the judgment for which many thanks. Where does an employee ‘habitually carry out his work’ within the meaning of Article 19 of the Brussels I Regulation? The court at Charleroi needed that to be Charleroi, for it to be able to exercise jurisdiction.  Ryanair’s domicile being in Ireland was not contested and no choice of court was made in the contract between plaintiff and the airline. The court referred to ECJ precedent, notably Mulox, Rutten, Weber, Koelzsch and Voogsgeerd. Had the ECJ had jurisdiction in C-533/03 Warbecq v Ryanair, current discussion might not have arisen, one imagines.

Plaintiff suggested a list of considerations which in his view led to Charleroi being the place of habitual carrying out of his…

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About Geert van Calster

Geert is an independent legal practitioner and academic. An alumnus of the College of Europe, Bruges (promotion Stefan Zweig), Prof van Calster is the Head of Leuven Law's department of European and international law. Geert is a visiting professor at Monash University (Melbourne) and at the China-EU School of Law in Beijing, and a visiting lecturer at King's College, London. He was previously i.a. a visiting lecturer at Oxford University. He was called to the Bar in 1999 after having worked as of counsel to a City law firm since 1995, and practices in the areas of Private international law /Conflict of Laws; WTO law; (EU) environmental law; and EU economic law.

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