Reference for a preliminary ruling from the Cour d’appel (Luxembourg) lodged on 18 January 2010 — Heiko Koelzsch v État du Grand-Duché de Luxembourg

(Case C-29/10)

2010/C 80/30

Language of the case: French

Referring court

Cour d’appel

Parties to the main proceedings

Applicant: Heiko Koelzsch

Defendant: État du Grand-Duché de Luxembourg

Questions referred

Is the rule of conflict in Article 6(2)(a) of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations, (1) which states that an employment contract is governed by the law of the country in which the employee habitually carries out his work in performance of the contract, to be interpreted as meaning that, in the situation where the employee works in more than one country, but returns systematically to one of them, that country must be regarded as that in which the employee habitually carries out his work?

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