Request for a preliminary ruling from the Cour de cassation – Chambre sociale (France) lodged on 10 July 2024 – Locatrans Sarl v ES

(Case C-485/24, Locatrans)

(C/2024/6241)

Language of the case: French

Referring court

Cour de cassation – Chambre sociale

Parties to the main proceedings

Appellant: Locatrans Sarl

Respondent: ES

Question referred

Are Articles 3 and 6 of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, (1) to be interpreted as meaning that, in the case where the employee carries out the same activities for his employer in more than one Contracting State, the full duration of the employment relationship should, in order to determine the law which would be applicable in the absence of a choice made by the parties, be taken into account in order to determine the place where the person concerned habitually carried out his work or should the most recent period of work be taken into account where the employee, having worked for a certain time in one place, then carries out his activities in a lasting manner in a different place which is clearly intended by the parties to become a new habitual place of work?

(1)  80/934/EEC: Convention on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980 (OJ 1980 L 266, p. 1).