AG Saugmandsgaard Øe delivered today his opinion in case C‑603/17 (Peter Bosworth, Colin Hurley v Arcadia Petroleum Limited and Others), which is about section 5 of the Lugano II Convention:
“1. Article 18(1) of the [Lugano II Convention], must be interpreted as meaning that a company director who has complete control and autonomy over the day-to-day operation of the business of the company which he represents and the performance of his own duties is not subordinated to the company and, consequently, does not have an ‘individual contract of employment’ with the company within the meaning of that provision. The fact that the shareholders of the company have the power to relieve the director of his duties does not call that interpretation into question.