Law applicable to employment contracts of civilian staff of EU missions. About the jugdment of the EU General Court of 10th November 2021

Keywords: individual employment contract, International civilian staff of EU international Missions, Law applicable to a succession of fixed-term employment contracts, Rome I Regulation, freedom of choice, most closely connected Law

Abstract

In the Jenkinson case, the General Court of the European Union resolves the claims raised by an Irish worker who provided services for several years for different European Union Missions, the last one in Kosovo. Services were always provided on the basis of fixed-term contracts. After the termination of the contract, the worker claimed that all consecutive contracts should be re-categorized as a contract of indefinite duration. Even though each contract, considered individually, leaded to the application of different Laws, the Judgment of the General Court of 10 November 2021 establishes the application of Irish Law to the whole employment relationship. The case is analyzed considering the special regulation of private international Law for contracts signed with the European Union.

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Published
2023-10-05
How to Cite
Crespo Hernández, A. (2023). Law applicable to employment contracts of civilian staff of EU missions. About the jugdment of the EU General Court of 10th November 2021. CUADERNOS DE DERECHO TRANSNACIONAL, 15(2), 1176-1186. https://doi.org/10.20318/cdt.2023.8096
Section
Varia