Official Journal of the European Union

EN

C series

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C/2025/886

17.2.2025

(Case C-768/24, Hortis)

(C/2025/886)

Language of the case: French

Referring court

Parties to the main proceedings

Appellant: Hortis GRC SA

Respondent: JA, Pôle emploi Île-de-France

Questions referred

1.Must the concluding part of Article 6 of the Rome Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, (1) be interpreted as meaning that, where the parties choose the law governing an employment contract, the national court must, pursuant to the concluding part of that provision, disregard the mandatory rules, affording greater protection than those of the law chosen by the parties, of the law which the employee seeks to have applied and which would be applicable in the absence of a choice in accordance with Article 6(2) of that convention where it appears from the circumstances as a whole that the contract is more closely connected with the country whose law has been chosen by the parties to govern the employment contract?

2.If so, is the national court required to take into account the closer connections resulting, in the performance of the employment contract, from the parties’ choice of the applicable law, or must that court disregard them when determining whether the mandatory rules of the law of another country sought by the employee are applicable pursuant to Article 6(2) of the Rome Convention?

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(1) OJ 1980 L 266, p. 1.

ELI: http://data.europa.eu/eli/C/2025/886/oj

ISSN 1977-091X (electronic edition)

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END