New triumph for Parat against Ryanair
March 12, 2014
In a unanimous decision Borgarting Court of Appeal has ruled that the case Parat is conducting on behalf of the Italian flight attendant Alessandra Cocca against Ryanair shall be put before the Norwegian courts. The Supreme Court’s Interlocutory Committee ruled in December to reverse a similar ruling from the Court of Appeal due to a procedural error.
The Court of Appeal wrote in its ruling that Cocca has won the case and she is awarded legal costs. The Court has decided Moss Municipal Court will hear the case.
Norwegian court of justice for residents in Norway
Ryanair has rejected Cocca’s demands throughout and claims that the case must be heard by an Irish court.
“I’m pleased we have triumphed in the matter of whether or not it is Norwegian law courts that shall deal with employment law cases for aviation employees that live and reside in Norway,” said Parat’s lawyer Christen Horn Johannessen.
The Court of Appeal wrote that considerable emphasis must be given to that Cocca, in accordance with the contract, was required to reside in proximity to the airport and that Rygge is not just a boarding point, as Ryanair would have it termed, but that she was committed to reside there for the duration of her employment.
“The Court of Appeal has also followed our argumentation that Rygge and the surrounding area where she lives is her natural social hub both in connection with work and leisure time. In Parat’s opinion, this ruling clarifies an employee’s right to take legal action against his/her employer where the employee concerned has his/her physical place of employment and is capable of defending his/her interests. This right does not just apply here in Norway, but also in other European countries,” said Horn Johannessen.
The choice of law has not been determined
The Court of Appeal has not yet ruled on the question of choice of law, i.e. which country’s law shall be applied.
Parat’s lawyer commented: “In our view it is natural that Moss Municipal Court hears the case under the application of Norwegian law as it did in the previous Ryanair case heard by the Municipal Court in 2012.”