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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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
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