Locatrans Sarl v ES.

In Locatrans Sarl v ES.,  the Court of Justice of the European Union interpreted Articles 3 and 6 of the Rome Convention concerning the law applicable to employment contracts. The case concerned an employee whose contract designated Luxembourg law, but who over time carried out a substantial part of his work in France. The referring French court asked how to determine the applicable law where the employee’s habitual place of work changes during the employment relationship.

The Court recalled that although parties may choose the applicable law under Article 3, that choice cannot deprive the employee of the mandatory protections of the law that would apply in the absence of choice under Article 6. It held that where an employee’s habitual place of work changes and a new location becomes the intended centre of activities, that most recent habitual place of work must be taken into account when determining which law would apply in the absence of choice. National courts must assess all the circumstances to identify the country most closely connected with the employment relationship and ensure that mandatory employee protections are respected.

The final judgment is accessible here.