The contribution of the CJEU to the notion of habitual workplace in the field of international transport

Abstract

The notion of the place (or country) in or from which the employee habitually carries out his or her work in performance of the contract of employment plays an important role in determining the allocation of international jurisdiction and the law applicable to the employment contract in the case of international transport. The CJEU has interpreted the notion of ‘where, or from where, the employee habitually carries out his or her work’ very broadly, concomitantly reducing the scope of the ‘engaging place of business’ criterion. This article shows the evolution of CJEU case law and its contribution to the development of the notion of habitual workplace in the field of international transport.