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Case C-603/17: Judgment of the Court (First Chamber) of 11 April 2019 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — Peter Bosworth, Colin Hurley v Arcadia Petroleum Limited and Others (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Lugano II Convention — Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Title II, Section 5 (Articles 18 to 21) — Jurisdiction over individual contracts of employment)
ECLI:EU:UNKNOWN:62017CA0603
62017CA0603
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Official Journal of the European Union
C 206/6
(Case C-603/17) (*)
(Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in civil matters - Lugano II Convention - Jurisdiction and recognition and enforcement of judgments in civil and commercial matters - Title II, Section 5 (Articles 18 to 21) - Jurisdiction over individual contracts of employment)
(2019/C 206/07)
Language of the case: English
Referring court
Parties to the main proceedings
Applicants: Peter Bosworth, Colin Hurley
Defendants: Arcadia Petroleum Limited and Others
Operative part of the judgment
The provisions of Section 5 of Title II (Articles 18 to 21) of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed on 30 October 2007, the conclusion of which was approved on behalf of the Community by Council Decision 2009/430/EC of 27 November 2008, must be interpreted as meaning that a contract between a company and a natural person performing the duties of director of that company does not create a relationship of subordination between them and cannot, therefore, be treated as an ‘individual contract of employment’, within the meaning of those provisions, where, even if the shareholder(s) of that company have the power to procure the termination of that contract, that person is able to determine or does determine the terms of that contract and has control and autonomy over the day-to-day operation of that company’s business and the performance of his own duties.
(*) Language of the case: English.
ECLI:EU:C:2019:140