The concept of employment contract in the Lugano Convention. Commentary of the Judgement ot the CJEU Avril 11, 2019, case C-603/17, Bosworth and Hurley

Abstract

The CJEU pronounces, for the first time, on the scope of the international jurisdiction regarding the individual employment contract of the Lugano II Convention. The parallelism of this Con­vention with the Brussels I Regulation is reproduced in this decision of the High Court, which follows its jurisprudence on the qualification of the employment contract within the framework of the provisions of the European Regulation. This symmetry has not been maintained after the promulgation of the Brussels I bis Regulation, so the recent decision of the Luxembourg judges puts on paper the need for a revision of the treaty text.