Las relaciones internacionales de trabajo tras el asunto Roi Land. Ivestments: la importancia del nexo de subordinación entre el empleado y la empresa (1)Sentencia del Tribunal de Justicia TJ 3ª 20 de octubre de 2022, as. C-604/20: ROI Inversiones Terrestres

Resumo

The judicial decision that is the subject of this analysis is a remarkable example of rigour and precision in the application of the system of private international law in the field of labour law. The purpose of this paper is to identify and analyse the indications that the judicial authorities of the European Union use to determine the forum of international jurisdiction by virtue of a guarantee agreement entered into between an employee and a third company located outside the European area, dependent on the parent company, which guarantees the fulfilment of the employer’s obligations towards the employee in question. To this end, it constitutes an archetypal ruling, insofar as the legal reasoning of the European court not only establishes an introspection of the forum in labour matters, but also carries out a review of the forum of the consumer contract insofar as the guarantee agreement entered into between the parties is directly linked to the employment contract in question, in which a «professional directed activity» can be seen, an aspect of extreme interest in contractual relations associated with cross-border consumer law.