Should the Connecting Factor of the ‘engaging Place of Business’ Be Abolished in European Private International Law?
Year: 2013
Type: article
Abstract: In Case C–384/10Jan Voogsgeerd v Navimer SAthe ECJ dealt with a number of issues concerning the choice-of-law rules for employment contracts of the Rome Convention, most importantly the relationship between the connecting factors of the habitual place of work and the engaging place of business, and the interpretation of the latter connecting factor. After demonstrating that the ECJ has deprived it of almost any effect, that it leads to excessive legal uncertainty, unforeseeability of the outcome of litigation, and does not support the objectives of employee protection and proximity, this article concludes that the connecting factor of the engaging place of business should be abolished in European private international law.
Author: Uglješa Grušić
Institutions: University of Nottingham, University College London
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2027232043