BETA

Activities of Klaus-Heiner LEHNE related to 2013/2023(INI)

Legal basis opinions (0)

Amendments (8)

Amendment 2 #
Motion for a resolution
Recital B
B. whereas the recast procedure did not, regrettably, allow for widely recommended changes to be made to the provisions on jurisdiction in the field of employment law;deleted
2013/06/17
Committee: JURI
Amendment 4 #
Motion for a resolution
Recital F
F. whereas, as a general principle, the court having the closest connection to the cause of an action should have jurisdiction;deleted
2013/06/17
Committee: JURI
Amendment 6 #
Motion for a resolution
Recital G
G. whereas a number of high-profile European court cases on jurisdiction and applicable law in relation to individual employment contracts and industrial action have led to fears that national provisions on employment law could be undermined by European rules which can lead, in certain cases, to the law of one Member State being applied by the court of another Member State; whereas, however, the question of the location of financial damage will be satisfactorily solved by the Court of Justice of the European Union, and a guideline is necessary not only for industrial action but for all torts involving financial damage;
2013/06/17
Committee: JURI
Amendment 7 #
Motion for a resolution
Recital I
I. whereas it is also in the interest of the proper administration of justice that courts should be able to apply their own law to disputes in the majority of cases, which speaks in favour of an alignment of the rules on jurisdiction with the rules on applicable law;deleted
2013/06/17
Committee: JURI
Amendment 8 #
Motion for a resolution
Recital J
J. whereas, in view of the above considerations, some minor changes need to be made to the rules on jurisdiction in the field of employment law;deleted
2013/06/17
Committee: JURI
Amendment 9 #
Motion for a resolution
Recital L
L. whereas, with regard to individual employment contracts, changes should be made to ensure that jurisdiction is exercised by the courts of the Member State which has the closest connection with the employment relationship;deleted
2013/06/17
Committee: JURI
Amendment 10 #
Motion for a resolution
Paragraph 2
2. RegretBelieves that employment law issues were not sufficiently taken into account in the context of the recast procedure;
2013/06/17
Committee: JURI
Amendment 11 #
Motion for a resolution
Paragraph 3
3. Calls on the Commission to propose an amendment to the Brussels I Regulation making the following urgent improvements in the field of employment relations: (a) there should be an exclusive forum for disputes concerning industrial action, in line with the Rome II Regulation, in the place where the industrial action is to be or has been taken; (b) in cases where an employee sues an employer, the fall-back clause which applies where there is no habitual place of work should be reworded so as to refer to the place of business from which the employee receives or received day-to-daBelieves that, concerning the liability of a worker or an employer, or of an organisation representing the professional interests of workers or employers, for damages caused by industructions rather than to the engaging place of business; (c) in cases where an employee sues an employer, provision should be made for an additional forum in the Member State from which the employee was recruited if the employer specifically took action to recruit from that Member State and the employment contract recognises continuing connections between the employee and that Member State; (d) in cases where an employer sues an employee, an additional forum of the courts for the habitual place of work should also be available, without any fall- back clause;ial action, Article 5(3) of the Brussels I Regulation should be considered to refer to the place where the industrial action is to be or has been taken.
2013/06/17
Committee: JURI