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Joined Cases C-168/16 and C-169/16: Judgment of the Court (Second Chamber) of 14 September 2017 (request for a preliminary ruling from the cour du travail de Mons — Belgium) — Sandra Nogueira and Others v Crewlink Ireland Ltd (C-168/16), Miguel José Moreno Osacar v Ryanair Designated Activity Company, formerly Ryanair Ltd (C-169/16) (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction — Jurisdiction over individual contracts of employment — Regulation (EC) No 44/2001 — Article 19(2)(a) — Concept of ‘place in which the employee habitually carries out his work’ — Airline sector — Airline crew — Regulation (EEC) No 3922/91 — Concept of ‘home base’)
ECLI:EU:UNKNOWN:62016CA0168
62016CA0168
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Valentina R., lawyer
13.11.2017
Official Journal of the European Union
C 382/17
(Joined Cases C-168/16 and C-169/16) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction - Jurisdiction over individual contracts of employment - Regulation (EC) No 44/2001 - Article 19(2)(a) - Concept of ‘place in which the employee habitually carries out his work’ - Airline sector - Airline crew - Regulation (EEC) No 3922/91 - Concept of ‘home base’))
(2017/C 382/20)
Language of the case: French
Referring court
Parties to the main proceedings
Applicants: Sandra Nogueira, Victor Perez-Ortega, Virginie Mauguit, Maria Sanchez-Odogherty, José Sanchez-Navarro (C-168/16), Miguel José Moreno Osacar (C-169/16)
Defendants: Crewlink Ireland Ltd (C-168/16), Ryanair Designated Activity Company, formerly Ryanair Ltd (C-169/16)
Operative part of the judgment
Article 19(2)(a) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, in the event of proceedings being brought by a member of the air crew, assigned to or employed by an airline, and in order to establish the jurisdiction of the court seised, the concept of ‘place where the employee habitually carries out his work’, within the meaning of that provision, cannot be equated with that of ‘home base’, within the meaning of Annex III to Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, as amended by Regulation (EC) No 1899/2006 of the European Parliament and of the Council of 12 December 2006. The concept of ‘home base’ constitutes nevertheless a significant indicium for the purposes of determining the ‘place where the employee habitually carries out his work’.
(<span class="note">1</span>) OJ C 191, 30.5.2016.
Language of the case: French