The Escape-Clause of Article 6 Rome Convention (Article 8 Rome I Regulation): How Special Is the Case Schlecker?

Tijdschrift Recht en Arbeid (Kluwer), Issue 4, 2014

10 Pages Posted: 13 Apr 2014

Date Written: 2013

Abstract

In the Schlecker case (12 September 2013, C-64/12), the Court of Justice decides that Article 6(2) of the Rome Convention must be interpreted as meaning that, even where an employee carries out the work in performance of the contract habitually, for a lengthy period and without interruption in the same country, the national court may, under the concluding part of that provision, disregard the law of the country where the work is habitually carried out, if it appears from the circumstances as a whole that the contract is more closely connected with another country.

The author analyses the Schlecker case, commenting the special/ordinary character of Article 6 Rome Convention compared to Articles 3 and 4 Rome Convention, the special/ordinary character of the Schlecker case and the relevance of the decision for cases of international employment in which issues of freedom of movement/freedom of services are addressed.

Suggested Citation

Van Den Eeckhout, Veerle, The Escape-Clause of Article 6 Rome Convention (Article 8 Rome I Regulation): How Special Is the Case Schlecker? (2013). Tijdschrift Recht en Arbeid (Kluwer), Issue 4, 2014, Available at SSRN: https://ssrn.com/abstract=2403417

Veerle Van Den Eeckhout (Contact Author)

University of Antwerp ( email )

Prinsstraat 13
Antwerp, 2000
Belgium

HOME PAGE: http://www.uantwerpen.be/nl/personeel/veerle-vandeneeckhout/

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