This document is an excerpt from the EUR-Lex website
Document 62016CN0242
Case C-242/16: Request for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal) lodged on 27 April 2016 — José Rui Garrett Pontes Pedroso v Netjets Management Limited
Case C-242/16: Request for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal) lodged on 27 April 2016 — José Rui Garrett Pontes Pedroso v Netjets Management Limited
Case C-242/16: Request for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal) lodged on 27 April 2016 — José Rui Garrett Pontes Pedroso v Netjets Management Limited
IO C 251, 11.7.2016, p. 16–17
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
11.7.2016 |
EN |
Official Journal of the European Union |
C 251/16 |
Request for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal) lodged on 27 April 2016 — José Rui Garrett Pontes Pedroso v Netjets Management Limited
(Case C-242/16)
(2016/C 251/17)
Language of the case: Portuguese
Referring court
Supremo Tribunal de Justiça
Parties to the main proceedings
Applicant: José Rui Garrett Pontes Pedroso
Defendant: Netjets Management Limited
Questions referred
1. |
In the factual context of the present case — the employee is a civil-aviation pilot and the activity carried out by him, under his employment contract, encompasses the whole of the European airspace — is the determination of the ‘place where the employee habitually carries out his work’ and/or the ‘last place where he did so’, within the meaning of Article 19(2)(a) of Council Regulation (EC) No 44/2001 of 22 December 2000, (1) adversely affected? |
2. |
If the answer to question 1 is in the negative, that is, such a determination is not adversely affected:
|
3. |
In the factual context of the present case, may the expression ‘business which engaged the employee’, within the meaning of Article 19(2)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000, be interpreted as meaning ‘operations centre’ of the undertaking which is stated as the employer in the employment contract concluded with the employee, where the recruitment process for pilots is conducted (through the reception and processing of the respective candidacies) and where they receive initial and further training, even if the ‘operations centre’ referred to operates and is domiciled [through] another, legally independent undertaking, although both undertakings belong to the same economic group? |
4. |
In the factual context of the present case, may the expressions ‘central administration’ or ‘principal place of business’, within the meaning of Article 60(1)(b) and (c) of Council Regulation (EC) No 44/2001 of 22 December 2000, be interpreted as meaning ‘operations centre’ of the undertaking which is stated as the employer in the employment contract concluded with the employee, where all the aspects of its operations are controlled (from the control of the maintenance, flight operations and scheduling, to the operation, maintenance and piloting of the aircraft and ground and catering operations) and from where all instructions are issued to the pilots and they receive the initial and further training, human resource issues are managed and disciplinary meetings held or complaints handled, even if the ‘operations centre’ referred to operates and is domiciled [through] another, legally independent undertaking, although both undertakings belong to the same economic group? |
5. |
Having regard to the content of recital 13 of Regulation (EC) No 44/2001 of 22 December 2000 which states that, in relation to insurance, consumer contracts and employment, the weaker party should be protected by rules of jurisdiction more favourable to his interests than the general rules provide for, must the abovementioned Article 19(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 be interpreted in a more favourable manner for the employee? |
(1) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).