Court of Justice of the 
European Communities
L-2925 Luxembourg
Nº 2003/42

Library, Research
and Documentation

Recent case-law relating to the Brussels 
and Lugano Conventions on Jurisdiction 
and the Enforcement of Judgments in Civil 
and Commercial matters


Art. 5(1)

Court  :  H°yesterett
Date  :  11.04.2002
Parties  :  Saipem Services AG / Martin Openshaw

Keywords  : 
E-05.01.03 Lugano Convention - Special jurisdiction - Matters relating to a contract - Place of performance of the obligation - Place where the employee habitually carries out his work - Contract of employment concluded with a Swiss company with a branch in Norway - Work carried out on an installation situated initially above the Continental Shelf of the United Kingdom then moved to the Norwegian Continental Shelf - Jurisdiction of the Norwegian courts - Requirement to transfer to a place of work in another State - No effect

Summary  :  Under Article 5(1) of the Lugano Convention, the Norwegian courts have jurisdiction to hear an application brought by an employee against his employer domiciled in Switzerland whose Norwegian branch had hired him in 1997 to work on a platform situated above the United Kingdom Continental Shelf and then moved, at the beginning of 1998, to the Norwegian Continental Shelf. Since the applicant had worked there until his dismissal in 1991 following his refusal to be transferred to a third State, the place where he "habitually carried out his work" was the Norwegian Continental Shelf. That conclusion, which also takes account of the judgment of the Court of Justice in Case C-37/00 Weber v Ogden, is not affected by the fact that the contract of employment stipulated a requirement to transfer to a place of work in another State the effect of which could be that the employee worked in several States.

Annex  :  Judgment in original language (Norwegian)