Points of law

The Basic Court in Belgrade, in renewed proceedings, ruled that it had absolutely no jurisdiction in this legal matter and it rejected the complaint and reversed all previous actions taken in this case. The Court explained its decision by the fact that the employment contracts signed by the applicants with a respondent’s entity envisaged the jurisdiction of a court in Paris. By finding that it had absolutely no jurisdiction in this matter, the Court referred to article 22 of the Law on the Organization of Courts and to article 16, paragraph 3, of the Law on Litigation.

Summary of the case

In 2008, DD, II, ЈЈ, SS, NN, ММ, КК, DD, VV, АА, ЈЈ (individuals) filed to the Third Municipal Court in Belgrade a complaint against the Delegation of the European Commission to Belgrade, requesting their severance payments. The applicants used to work for an entity of the respondent (EU Customs and Fiscal Assistance Office).

The Third Municipal Court in Belgrade, by its decision of November 2008, ruled that it had no jurisdiction to decide in this legal dispute.

The Superior Court in Belgrade, by its decision of February 2011, overturned the decision of the Third Municipal Court in Belgrade and referred the case back for new proceedings, ordering the first-instance court to determine its real and absolute jurisdiction.

Sources

Decision of the First Basic Court in Belgrade of July 2011

Additional information (explanations, notes, etc.)

1. Article 16, paragraph 3, of the Law on Litigation stipulates that a court, when it finds in the proceedings that no court of the Republic of Serbia has jurisdiction for the settlement of the dispute in question, shall declare ex officio that it has no jurisdiction and it shall reverse all the actions taken during the proceedings and reject the complaint, unless the jurisdiction of a national court depends on the consent of the respondent and unless the respondent has given such a consent.

2. Article 22 of the Law on the Organization of Courts envisages cases when the Basic Court has jurisdiction in civil matters.

3. During the proceedings, the judiciary of the Republic of Serbia underwent reform so that the renewed proceedings were referred to the Basic Court in Belgrade as the first-instance court.