SUL TEMA DELLA GIURISDIZIONE NEI CONTRATTI INDIVIDUALI DI LAVORO. IL CASO DEGLI ASSISTENTI DI VOLO

The ruling issued by the Court of Justice of the European Union on 14 September 2017 (joined cases C-168/16 and C-169/16) against Ryanair and Crewlink is an important precedent that could affect the working model of low-cost airlines, inaugurated by Ryanair and followed by other carriers. Opposed by the unions, by many it is pointed out as a cause of social dumping fueled by the uncertainties deriving from the notion of «service base» on which the applicable legislation depends. With regard to a worker operating in the international air transport sector as a member of cabin crew, the sentence clearly states that according to art. 19, point 2, lett. a) of Regulation (EC) 44/2001 of the Council of 22 December 2000 (concerning jurisdiction and the recognition and enforcement of judgments in civil and commercial matters), the «place where the employee habitually carries out his activity» cannot be treated as equivalent to «home base» referred in Annex III of Reg. (EEC) n. 3922/91 of the Council of 16 December 1991 (concerning the harmonization of technical rules and administrative procedures in the field of civil aviation as amended by Regulation (EC) No 1899/2006), but is situated in the place where or from which this worker primarily fulfills his obligations towards the employer. This paper analyzes some possible effects in the regulation of flight personnel contracts which is characterized by the presence of many elements concerning the legal system of different States.