The Gazette 1994

GAZETTE

APRIL 1994

NEW H I I . 1 S P U B L I S H E D IN A P R I L 1 9 94 HUMAN RIGHTS A European Perspective L iz H f f e e r n a n , E d i t o r WITH J a m e s K i n g s t o n WITH A TORIIWOM) IIV M a r y R o d i n s o n P r e s i d e n t o f I r e l a n d "This source book fills a need, almost amounting to a hunger, for information about human rights. And just as the need for that knowledge is not confined to lawyers, so this b o ok does not confine its style to a narrow legal one. It provides information and analysis across a wide range of legal and socio-political issues in a way which can be grasped by lawyers and non-lawyers alike. In this way it achieves what is both rare and necessary. It offers information and access at the same time, and on issues which concern every one of us" Mary Robinson, President of Ireland. The book comprises twenty-six essays by Irish and European authors, accompanied by introductions and bibliographies. Published by The Round Hall Press in association with the Irish Centre for European Law. I S BN 1 - 8 5 8 0 0 - 0 2 8 - 9 pbk £ 1 9 . 9 5 ; - 0 3 3 -5 hbk £ 4 7 . 5 0. PRACTICE ANDPROCEDURE IN THE MASTER'S COURT J a n e B a r r o n a n d M a r c . o F o r d This book, the first to deal exclusively with the Master's C o u r t, includes chapters on Special Summonses and S u mm a ry S u mm o n s e s; P r e - T r i al Procedures; Recognition and Enforce- m e nt o f F o r e i gn J u d g m e n t s; A Summary o f the Rules applying to the Master's Court. I S BN 1 - 8 5 8 0 0 - 0 0 4 -1 pbk £ 1 7 . 5 0 ; - 0 3 7 -8 hbk £ 2 5 . 0 0 THE COMPANY SECRETARY AGUIDE TOTHE LAW C h r i s t o i ' h e r D o y l e Chapters include: incorporation of the c omp a n y; the officers, meetings, registers, d o c ume n t s, share capital; shares/transfer and transmission; b o r r o w i ng and security; accounts, auditors and the annual returns; distribution o f profits; mergers and amalgamations; winding up. A number of useful appendices include standard memorandum of articles and companies office forms. I S BN 1- 8 5 8 0 0 - 0 0 5 -X £ 3 7 . 5 0. THE ROUND HALL PRESS Kill Lane, Blackrock, Co. Dublin, Ireland Tel: Int. +353-1-289 2922; Fax: 289 3072

residence, from where he carried out his activities and to where he returned after any business travel. In addition, the national court can take into consideration the fact that at the point in time at which the proceedings pending before it commence, the employee performs his work exclusively in the territory of that contracting state. In the absence of other determining factors, that place should be taken to constitute, for the application of Article 5, 1., the place of performance of the obligation which forms the basis of the legal proceedings relating to a contract of employment." [Decision, 25 (emphasis supplied) (translation by the author)] It is submitted that particular attention should be paid to the emphasised passage by management and legal advisers alike. The Mulox case clarifies the application of Article 5, 1. to employments, it does not simplify it. Finally, it appears to the writer (but this has not been considered in detail) that the employment relationship with Geels may have rendered Mulox under French tax law to be deemed to have an establishment in France, rendering it liable to tax on all business concluded on its behalf by Geels. If this was the case, perhaps Mulox was not adversely affected but taxation is likewise an issue which should be acted on carefully on the basis of prior advice. References 1. Case C-l 25/92 Mulox IBC Limited v Hendrick Geels, 13 July 1993.

L. 266, p. 1. The Convention but not the 1988 (first) Protocol on its interpretation was ratified in Ireland by the Contractual Obligations (Applicable Law) Act, 1991 (No. 8/91).

6. 88/592/EEC, 1988 OJ L. 319, p. 9. See footnote 15 below.

7. Case 283/81 Sri C.I.L.E.I.T. v Minister of Health [1982] ECR 3415.

8. ibid., at p. 3438.

9. Case 14/76 Ets. A. de Bloos, S.P.R.L. j v Bouyer S.A., [1976] ECR 1497.

10. ibid, at p. 1511.

11. Case 133/81 Roger Ivenel v Helmut Schwab [1982] ECR 1891.

12. ibid, at p. 1902.

13. Case 12/76 Industrie Tessili Como v DunlopAG [1976] ECRR 1473.

14. ibid, at p. 1486.

15. Case 32/88 Six Constructions Ltd v Paul Humbert, 1989 ECR 0341.

I 16. The 1989 Convention on the

Accession of Spain and Portugal to the Brussels Convention, Article 4, (89/535/EEC, 1989 OJ L 285, p. 1). The 1989 Accession Convention and the Lugano Convention were ratified in Ireland by the Jurisdiction of Courts and Enforcement of Judgments Act, 1993, (No. 9/93) and came into force on 1 December 1993 (S.I. No. 330/1993 (Pn 0270). *Peter Byrne, B.C.L., Dip Eur Law, Solicitor, is author of The EEC Convention on Jurisdiction and the Enforcement of Judgments (Dublin, 1990).

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2. Case 266/85 H. Shenavai v K Kreicher, 1987 ECR, 0239.

English Agents: Agency work undertaken for Irish solicitors in both litigation and non-contentious matters - including legal aid. Fearon & Co., Solicitors, Westminster House, 12 The Broadway, Woking, Surrey GU21 5AU.

3. See generally, Byrne, Peter; The EEC Convention on Jurisdiction and the Enforcement of Judgments, Dublin, 1990, §5.

4. Twelve cases to date. There are a further three cases pending.

Tel: 0044-483-726272. Fax: 0044-483-725807.

5. Rome Convention on the law applicable to contractual obligations, 16 June 1980, 80/934/EEC, 1980 OJ 152