Judgment_paragraph 31 · Anton Schlecker v Melitta Josefa Boedeker (C-64/12)

31In that regard, it should be borne in mind that, in analysing the relationship between the rules set out in Article 6(2)(a) and (b) of the Rome Convention, the Court has held that the criterion of the country in which the employee ‘habitually carries out his work’, referred to in Article 6(2)(a) of that convention, must be broadly construed, whereas the criterion of ‘the place of business through which [the employee] was engaged’, referred to in Article 6(2)(b) of the convention, can apply only in cases where the court hearing the case is not in a position to determine the country in which the work is habitually carried out (see Koelzsch, paragraph 43, and Voogsgeerd, paragraph 35).