Abstract

In the present article the author presents the dispute in the main proceedings of the CJEU in two cases C-152/20 and C-218/20 concerning the remuneration of two Romanian truck drivers who were employed by the same Romanian company. Their employment contracts, drafted in both Romanian and Italian, provided that their provisions were supplemented by the provisions of Law No 53/2003 of the Romanian Labour Code. These contracts also provided that disputes arising from them were to be examined by a court competent for the place of work and the subject of work. The workers maintain that although their contracts were concluded in Romania they usually carried out their duties in Italy, from where they started their tasks. They returned to Italy after completing their tasks, and it was in that country that they received their orders and performed most of the transport-related tasks. The workers believe that the Italian minimum wage provisions should apply to them in accordance with Article 8 of the regulation Rome I.

The employer contests these claims, claiming that both drivers worked for them using lorries registered in Romania and on the basis of transport permits issued in accordance with Romanian law. It addition, the employer claims that they gave all the orders themselves and that the claimants’ work was organized in Romania. The employment contracts at issue should therefore be governed by Romanian law. 

The Court of Justice of the European Union shows how the provisions of Articles 3 and 8 of Regulation No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I) should be interpreted.