Article 19
The provisions of this Section may be departed from only by an agreement:
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(1) |
which is entered into after the dispute has arisen; |
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(2) |
which allows the consumer to bring proceedings in courts other than those indicated in this Section; or |
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(3) |
which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which confers jurisdiction on the courts of that Member State, provided that such an agreement is not contrary to the law of that Member State. |
SECTION 5
Jurisdiction over individual contracts of employment
Article 20
1. In matters relating to individual contracts of employment, jurisdiction shall be determined by this Section, without prejudice to Article 6, point 5 of Article 7 and, in the case of proceedings brought against an employer, point 1 of Article 8.
2. Where an employee enters into an individual contract of employment with an employer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, the employer shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.
Article 21
1. An employer domiciled in a Member State may be sued:
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(a) |
in the courts of the Member State in which he is domiciled; or |
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(b) |
in another Member State:
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2. An employer not domiciled in a Member State may be sued in a court of a Member State in accordance with point (b) of paragraph 1.