SECTION 5. Jurisdiction over individual contracts of employment
Art. 20 1. In matters relating to individual contracts of employment, jurisdiction shall be determined by this Section, without prejudice to Article 6, point 5 of Article 7 and, in the case of proceedings brought against an employer, point 1 of Article 8.
2. Where an employee enters into an individual contract of employment with an employer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, the employer shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.
Art. 21 1. An employer domiciled in a Member State may be sued:
- (a)
- in the courts of the Member State in which he is domiciled; or
- (b)
- in another Member State:
- (i)
- in the courts for the place where or from where the employee habitually carries out his work or in the courts for the last place where he did so; or
- (ii)
- if the employee does not or did not habitually carry out his work in any one country, in the courts for the place where the business which engaged the employee is or was situated.
2. An employer not domiciled in a Member State may be sued in a court of a Member State in accordance with point (b) of paragraph 1.
Art. 22 1. An employer may bring proceedings only in the courts of the Member State in which the employee is domiciled.
2. The provisions of this Section shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.
Art. 23 The provisions of this Section may be departed from only by an agreement:
- (1)
- which is entered into after the dispute has arisen; or
- (2)
- which allows the employee to bring proceedings in courts other than those indicated in this Section.
SECTION 6. Exclusive jurisdiction
Art. 24 The following courts of a Member State shall have exclusive jurisdiction, regardless of the domicile of the parties:
- (1)
- in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Member State in which the property is situated.
However, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Member State in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same Member State; - (2)
- in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or