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Business class

06 December 2013 / Charles Pigott
Issue: 7587 / Categories: Features , Employment
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Cross-border commuters struggle to illuminate the law. Charles Pigott reports

International commuters featured in two recent cases which have shed some light on the interpretation of the two EU regulations commonly in play when employees cross national boundaries in the course of their work. But some issues still remain obscure.

 

The Employment Appeal Tribunal (EAT) has considered the interpretation of the employment provisions of the Brussels Regulation (EC 44/2001) which determines which national court has jurisdiction when the employer is domiciled in a member state. For its part, the European Court of Justice (ECJ) has looked at the choice of law provisions (now found in the Rome Regulation (EC 593/2008)) that apply when an employee commutes from a member state where the employer is based to work exclusively in another country.

Jurisdiction

Faced with a claim from a worker who lives in one country and works in another, the court’s first task is often to assess whether it has jurisdiction. The Brussels Regulation, which replaced the Brussels Convention in March 2002, will be the first

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
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From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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