THE LUGANO CONVENTION AND JURISDICTION OVER INDIVIDUAL CONTRACTS OF EMPLOYMENT

• Autor(a) principal: Palao Moreno, Guillermo
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: spa
• Título da fonte: Direito.Unb (Online)
• Texto Completo: https://periodicos.unb.br/index.php/revistadedireitounb/article/view/31263
• topic: Contrato individual de trabalho; Jurisdição; Convenção de Lugano 2007; Individual contract of employment; Jurisdiction; Lugano Convention 2007; Contrato individual de trabajo; Competencia judicial; Convenio de Lugano 2007

Judgment of the Court of Justice of the European Union (First Chamber) of 11 April 2019, in Case C-603/17, Bosworth/ Hurley, offers a good opportunity to examine the provisions of Section 5 of Title II (Articles18 to 21) of the Lugano Convention of 2007, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (known as the Lugano II Convention). articles 18 to 21 (Section 5), as well as their application in practice. Studies devoted to the jurisdictional questions which arise from international individual contracts of employment have, most of the times and up to the moment, centred their attention in the Brussels Convention and in the following Regulations Brussels I and I Recast ”“which form part of the so called “Brussels system”- as well as the noteworthy Case-law of the European Court of Justice which has interpreted them. However, due to its “parallel” character, it is also of interest to analyse those solutions which the Lugano II Convention provides and its application by courts. As a result, this decision shows a significant interest, taking into account the limited times that the European Court of Justice has faced the interpretation of the Convention, highlighting the need for a new revision of the Lugano II Convention which adapts those provisions to the changes which have been incorporated in the Regulation Brussels I Recast.