Die Anknüpfung von mobilen Arbeitsverhältnissen anhand des Art. 8 Rom I-Verordnung

Border-crossing employment relationships are steadily growing in number due to the globalization of the economy. This affects especially mobile employment relationships, meaning those on ships, airplanes or in the international rail and road transport sector. Which law is applicable to the employment contracts of those employees is ruled in art. 8 Rome I Regulation and has always been controversial. Several recent decisions of the ECJ query the traditional criteria and give new impulses to the controversy. Against this background the author works up the principles of the relevant European conflict-of-law rules in the first section, considering case law and literature of the German-, English-, French- and Spanish-speaking member states. In the second section follows a detailed examination of the conflict-of-law provisions with regard to mobile employment relationships, structured in emloyment relationships on the water, in the air, on the rail and on the road.