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Jurisdiction ‘in
matters relating to a contract’ - Concept - Independent interpretation - Chain
of contracts - Action to establish liability brought by a sub-buyer against the
manufacturer - Excluded - N° 1992/4
Provisional, including protective,
measures - Expert’s report - Application solely on the basis of Article 5(1) of
the Convention - Application accepted on the basis of Article 24 - Urgency
disputed by the defendant - No effect
- N° 1992/13
Interest-rate swap contracts
between an English bank and a local Scottish authority -
Contracts void owing to the lack of capacity of the local
authority to enter into such contracts - Action for
restitution of a sum of money paid to the local authority
by the bank
- N° 1993/8
Jurisdiction in 'matters
relating to a contract' - Concept - Autonomous
interpretation - Chain of contracts - Liability claim
brought by a subsequent purchaser against the manufacturer
for defects in the product - Excluded
- N° 1993/29
Jurisdiction in contractual
matters - Concept - Action aiming at ascertaining the lack
of an exclusive distributorship contract between the parties
- Included - Determination of the place of performance -
Place situated in the State where the defendant is
established, exercises its commercial activity and for whose
territory it claims to benefit from an exclusive
distributorship contract - Lack of jurisdiction of the State
where the plaintiff has its seat
- N° 1994/16
Matters relating to a
contract - Concept - Independent interpretation - Chain of
contracts - Action for finding of liability for the defects
of goods brought by the sub-buyer against the manufacturer -
Excluded - Clause conferring jurisdiction agreed between the
manufacturer and the other party - Cannot be invoked against
the sub-buyer
- N° 1995/22
Matters
relating to tort, delict or quasi-delict - Place where the harmful event occurred -
Discrediting another's commercial reputation - Place where the causal event entailing
tortious delictual or quasi-delictual liability, directly produced harm to its victim -
Harm done to an Italian company - Jurisdiction of the Italian court
- N° 1997/16
Meaning of
obligation - Obligation on which the action is founded - Proceedings seeking termination
of an exclusive distribution agreement for the territory of one of the Contracting States
- Obligation can only be performed in that State - N° 1997/22
Existence of the contract in dispute -
Good arguable case for the existence of the contract - Inclusion -
N° 1997/29
Existence of the contract in dispute
- Necessary to bring sufficient proof to show that there was a contractual
relationship between the parties - Evaluation by the court seized
- Jurisdiction of the Norwegian court - N° 1997/33
Courts for
the place of performance of the obligation in question - Claim founded
on different obligations arising from the same contract - Commercial
agency contract - Claim for payment of fees and compensation for
breach of contract - Obligations considered to be of equal rank -
Performance, according to the conflict rules of the court seised, due
in different Contracting States - Possibility to bring the whole claim
before one and the same court - N° 1998/7
Special jurisdiction in "matters relating to a contract" and "matters relating to tort, delict or quasi delict" - Goods damaged on completion of a voyage by sea then by land - Action for compensation by the consignee against the actual maritime carrier who did not issue the bill of lading - Action concerning a matter relating to tort, delict or quasi delict - Place where the harmful event occurred - Determination - Place where the damage arose - Place of delivery of the goods by the maritime
carrie - N° 1999/1 Jurisdiction in matters relating to a contract - Scope - Jurisdiction to order provisional or protective measures - Inclusion - Dispute on the substance referred to arbitration - Article 24 as single basis of the jurisdiction
- N° 1999/2 Interest rate swap agreements between an English bank and a Scottish local authority - Agreements void because ultra vires the local authority - Claim for restitution of sums paid by bank to local authority - Exclusion - Lack of jurisdiction of the English court
- N° 1999/56 Contracts concluded by
consumers - Scope - Contract concluded following an advertisement
accompanied by a promise of gain - Right for the addressee to claim
the price seemingly obtained - Inclusion, or failing this,
classification as a contractual right within the meaning of Article 5,
point 1, or tortious within the meaning of Article 5, point 3 -
Request for interpretation
-
N° 2000/10 Defendant domiciled in Luxembourg - Meaning of "domicile"
for the purposes of the first paragraph of Article I of the Protocol annexed
to the Convention - Seat of a capital company - Included -
N° 2003/28
Defendant domiciled in
Luxembourg - Lack of jurisdiction of the courts of another Contracting
State seised under Article 5(1) of the Convention - Conditions -
Existence of particular links with Luxembourg - Capital company having
its registered office in Luxembourg, without carrying on its business
there - Excluded - Inapplicability of the first paragraph of Article I
of the Protocol annexed to the Convention -
N° 2003/28
Special jurisdiction –
Jurisdiction in matter relating to a contract – Action of a
contractual nature – Definition – Action by a consumer
domiciled in a Contracting State seeking an order that a mail
order company established in another Contracting State award a
prize ostensibly won – Included – Conditions – Letter
addressed to the consumer referring to her by name as the
winner of the prize – Acceptance of the promise by the
consumer and request for the payment of the prize – Award of
the prize not subject to an order for goods and no such order
made – No effect - N° 2005/4
Jurisdiction in matters relating to a contract - Scope; the term
"obligation"
Carriage of goods by sea and
then by land - Compensation claim brought by the consignee or the insurer relying on a
bill of lading against a defendant who did not issue a bill of lading but who is
considered by the plaintiff to be the actual carrier - Inclusion - In the alternative:
case falling within matters relating to tort, delict or quasi-delict or within the general
provisions on jurisdiction - N° 1997/9
Commercial agency contract - Application by the principal for the
determination of amounts owed by him in compensation and to him by his
agents for sums recovered from clients - Plurality of obligations
serving as the basis for the claim - Principal obligation taken into
consideration - Obligation to pay compensation following the
dissolution of the contract by the plaintiff - Italian court lacking
jurisdiction - N° 1997/10
Contract
of sale - Buyer refusing to take delivery of part of the goods - Payment
action for the full price - Obligation of the buyer to take delivery
and to pay the price - N°
1998/17
Concept
of obligation - Claims based on several obligations resulting from
a contract of commercial agency - Obligation to be taken into account
for the judicial competence - Principal obligation - Place of performance
- Determination under the law governing the obligation according to
the rules of conflict of laws of the court seised - Rules of conflict
referring to the law of the place of conclusion of the contract -
Italian law - Obligation to be performed in Denmark - Jurisdiction
of the Danish courts - N°
1998/40
Contract of
guarantee between a transport undertaking and an insurance
establishing the requirement for the guarantor to pay customs duties
imposed on the owner of goods transported - Right of the guarantor to
seek from the owner, not being a party to the contract, reimbursement
of sums paid in advance - Duty of the owner derived from the law and
not from the contract - Application of Article 5(1) - Request for
interpretation
- N° 2002/16
Wrongful
termination of sole distributorship contract - Single claim for
damages for breach of contractual obligations and unfair competition
arising therefrom - Applicability of Article 5(1) to the exclusion of
Article 5(3)
- N° 2002/35
Concept
of obligation - Refusal by debtor’s bank to pay cheques issued to
pay purchase price - Lack of contractual relations between the
creditor and the debtor’s bank - Excluded - N°
2003/17
Jurisdiction in 'matters
relating to a contract' - Meaning - Action brought by a
guarantor, by way of subrogation, against the principal debtor
in the context of a contract of guarantee concluded with a
third party - Excluded where the principal debtor has not
authorised the conclusion of the contract
- N°
2004/4
Matters relating to tort, delict
or quasi-delict – Meaning – Concept includes any request
seeking to engage the liability of a defendant which is not
connected to a contractual matter – Action brought by an
insurance company – Action brought by the guarantor against
the principal debtor in the context of a contract of guarantee
– No authorisation for the conclusion of that contract given
by the principal debtor – No civil liability of that debtor
– Exclusion of matters relating to tort, delict or
quasi-delict
- N° 2005/15
Matters
relating to a contract – Defendant domiciled in Luxembourg – Exception to
Article 5(1) referred to in Article I of the Protocol annexed to the
Convention – Multiple defendants – Effect – Application of Article 6(1)
– Protocol not applied - N° 2005/20
Matters relating to a contract
- Concept - Action by a consumer domiciled in a Member State requesting that a
mail order company established in another Member State be ordered to hand over a
prize ostensibly won - Included - Conditions - Letter addressed to the consumer
naming him the winner of a prize - Promise accepted by the consumer and prize
claimed - Prize not conditional on an order for goods and no such order - No
effect - N° 2006/17
Matters relating
to a contract - Place of performance of the obligation - Article 5(1) of the
Convention - Conditions governing applicability - Domicile or seat of the
defendant in a Contracting State - To be determined under national law - Seat of
the defendant company in a third State - Inapplicability of Article 5(1) of the
Convention - N° 2006/17
Matters relating
to a contract - Concept - Broad interpretation - Promise of winning a prize by a
mail order company - Claim that the company should be ordered to pay the prize
ostensibly won - Included - N° 2006/24
Jurisdiction in matters relating to a contract - Place of performance
Contract of
employment - Performance in more than one Contracting State and non-contracting
State - N° 1992/7
Place of performance of the contractual obligation - Concept - Interpretation
in accordance with the law governing the obligation in dispute under the
conflicts rules of the court seised - Contract governed by the Uniform Law on
the International Sale of Goods - Obligation to make payment - N° 1992/8
Undertaking by a parent
company to the creditors of its subsidiaries to make attempts to ensure that the
subsidiaries remain solvent - Need for substantive and legal steps to be taken
in the State in which the subsidiaries are established - Jurisdiction of the
courts of the subsidiaries’ place of establishment - N° 1992/12
Place of performance - Concept - Interpretation in accordance with the law
governing the obligation in question under the conflicts rules of the court
seised - Contract governed by the Uniform Law on the International Sale of Goods
- Obligation to make payment - Seller’s place of business - N° 1992/17
Place of performance of the obligation - Concept - Interpretation in
accordance with the law governing the obligation in question under the conflicts
rules of the court seised - Application of the principles of the Rome Convention
on the law applicable to contractual obligations of 19 June 1980 even before its
entry into force - Law of the State in which the party responsible for
characteristic performance is established - Uniform Law on the International
Sale of Goods - Obligation to pay the price - Seller’s place of business - N° 1992/21
Contract of employment -
Place of performance of the obligation characterizing the
contract - Autonomous concept - Place of performance by the
employee of the work stipulated - Work performed in more
than one Contracting State - Place where or from which the
employee principally discharges his obligations - N° 1993/3
Obligation on which the claim
is based - Agency contract - Obligation of the agent to
promote the contracts - Obligation of the principal to pay
commissions and damages - Determination of the place of
performance according to the law governing the contract by
virtue of the conflicts rules of the court seized - Italian
law - Obligations to be performed in France - Lack of
jurisdiction of the court seised - N° 1993/15
Commercial agency contract -
Claim for termination of the contract arising out of the
breach of the agent's right to exclusivity - Claims for the
payment of commissions, compensation and damages -
Obligation to respect the agent's right to exclusivity to be
performed in Italy - Jurisdiction of the Italian courts -
Existence of the contract contested between the parties -
Irrelevant to the decision of the competent court - N° 1993/19
Contract of sale - Action of
the seller aiming at the rescission of the contract owing to
the impossibility to deliver the goods - Obligation on which
the claim is based - Obligation to deliver the goods - Place
of performance - Clause designating the place of delivery -
Confirmation by the Uniform law on the international sale of
goods - N° 1993/20
Contract relating to the
carriage of goods by sea - Action for damage for the loss of
the goods - Obligation on which the claim is based -
Obligation to deliver the goods - Delivery to take place at
the port of destination in the United Kingdom - Lack of
jurisdiction of the Italian courts - N° 1993/22
Sales contract - Action for
damages brought by the buyer - Obligation on which the
action is based - Obligation of the seller to transfer
know-how as distinct from the obligation arising out of the
sales contract to help the buyer to acquire the mastery of
the machine he has purchased - Absence - Jurisdiction of the
courts of the domicile of the seller - N° 1993/27
Determination - Onus and
standard of proof are on the plaintiff seeking to have his
case tried in a Contracting State other than that in which
the defendant is domiciled - N° 1993/33
Contract relating to the
manufacture and sale of goods by the plaintiff domiciled in
Ireland to the defendant domiciled in the United Kingdom -
Obligation of the buyer to place orders - Evidence not
sufficiently convincing as to the terms and the place of
performance - Lack of jurisdiction of the Irish courts -
N° 1993/33
Contract relating to the
manufacture and sale of goods by the plaintiff domiciled in
Ireland to the defendant domiciled in the United Kingdom -
Obligation of the buyer to place orders - Evidence not
sufficiently convincing as to the terms and the place of
performance - Lack of jurisdiction of the Irish courts -
N° 1994/6
Contract of sale - Action for
damages for non-performance of the obligation to deliver -
Place of performance of the obligation - Determination
according to the applicable national law and the Uniform Law
on the International Sale of goods - Performance in France
at the place of delivery of goods to the carrier - Delivery
foreseen 'franco arrivo Nord Italia' - Irrelevant -
N° 1994/11
Contract of sale - Obligation
to pay the price - Domicile of the seller -
N° 1994/14
Contract aiming at the
production of a film by one party, at its distribution by
the other party and at the sharing of the profits - Claim
for damages brought by the producer on the ground of the low
profits distributed - Obligation on which the claim was
based - Obligation to make all reasonable efforts to ensure
the proper distribution and exploitation of the film -
Determination of the place of performance - Distribution
throughout the whole world except the United Kingdom and
Ireland - Obligation not to be performed in Ireland - Lack
of jurisdiction of the Irish Courts -
N° 1994/15
Obligation of the seller to
provide a guarantee - Whether that obligation is distinct or
not form the obligation to deliver to be assessed according
to the law governing the obligations of the seller -
Determination of the place of performance in accordance with
that law -
N° 1994/23
Contractual clause
designating the place of performance - Purpose of the clause
merely to determine jurisdiction, but not the place where
the obligations must be performed - Effects of the clause -
N° 1995/7
Contract of employment - Place where
the employee 'habitually carries out his work' - Meaning - Determination -
Criteria - Employee carrying out his work in several States - Most of his
working time spent in one contracting State or more of that time spent there
than in one or several other States - Significance - Domicile of the employee
and office from which he prepares or administers his work in other States
situated in a contracting State to which he returns after each business trip
abroad - Relevance -
N° 1996/9
Obligation to deliver -
Obligation of the seller to ensure the starting-off in the premises of the buyer
- Determination of the place of performance according to the terms of the
contract of sale - Premises of the buyer established in France -
N° 1996/16
Obligation to deliver goods of the quality agreed upon - Determination of the place of
performance according to article 19 of the 1964 Uniform law on the International
Sale of Goods - Place of delivery of the goods to the carrier - Clauses 'cif/fio'
and 'franco arrivo' - Not material -
N° 1996/17
Contract of employment - Place where the employee habitually carries out his
work - Meaning Work carried out in more than one Contracting State - N° 1997/3
Oral agreement between the parties on a place other than that of
actual performance with the sole purpose of establishing that the courts of a particular
place have jurisdiction - Inapplicability of Article 5(1) - Applicability of the formal
requirements for agreements conferring jurisdiction - N° 1997/4
Contract of sale -
Payment obligation - Determined in accordance with the substantive law which governs the
obligation in question according to the rules of the conflict of laws of the court before
which the matter is brought - 1955 Hague Convention on the International Sale of Goods -
Law of the seller - Debt that must be sought out by the creditor - Place - Domicile of the
purchaser - N° 1997/19
Claim for payment of securities -
Obligation to guarantee the repurchase by a third party - Defendant having its head office
in the United Kingdom - Law to be applied determined according to private international
law - Place of performance situated in Denmark - Jurisdiction of the Danish court - N°
1997/27
Exclusive distributorship for France
- Obligation relating to the delivery of machines - Performance at the manufacturer's
works - Obligation not to supply others - Performance, inter alia, in the territory of the
manufacturer - Jurisdiction of the English courts - N° 1997/29
Obligation on which the action is
founded - Proceedings for failure to pay an invoice for a works contract to paint
buildings - Applicable law determined according to private international law rules for the
court - Place of performance of the payment situated in Denmark - Jurisdiction of the
Danish court - N° 1997/32
Determination in accordance with
the law that governs the obligation according to the conflict rules of the court seised,
or by reference to an independent concept that implies establishing the place where
performance actually took place or should have taken place - N° 1998/8
Taking into account of the
circumstances of the case - Place where the performance claimed actually took place or
should have taken place - Goods to be received and paid for at the seller's seat - N° 1998/17
Exclusive distributorship
agreement - Abusive breach of the contract and refusal of the grantor to sell - Claim for
damages - Litigious obligations of the grantor - Search for the applicable law - Necessity
- N° 1998/23
Sales contract - Obligation of
delivery of the seller serving as basis for the claim - Place of performance located at
the point of delivery of the goods to the first carrier for transmission to the buyer -
Lack of jurisdiction of the French court - N° 1998/25
Contract of commercial agency -
Claim of the employer aimed at having termination of the contract established and counter
claim of the agent for the payment of the indemnity for end of contract - Place agreed
upon for the performance by the agent and for the payment of the sums owed by the employer
taken into account - N° 1998/40
Sales contract including the
carrying of the goods - Obligation of delivery -Determination according to the Vienna
Convention on Contracts for the International Sale of Goods - Performance at the place of
delivery by the seller to the carrier - N°
1998/42
Construction contract - Determination of the place of performance in accordance with the law that governs the obligation according to the conflict rules of the court seized - Payment obligation - Performance where construction planned -Identical solution as reached when determining the place in accordance with the nature of the relationship creating the obligation and the circumstances of the case
- N° 1999/41
Sea and road transport - Obligation in question - Obligation to deliver - Place specified in the bill of lading both as the port of entry and as the place of delivery - No jurisdiction of the court for the place of destination of the road transport
- N° 1999/47
Bank loan - Obligation to pay the amount of the loan - Determination of the place of performance according to the law governing the obligation under the conflict rules of the court seized - Rome Convention of 1980 - German law applicable to the contract - Lack of jurisdiction of the French court established on this single basis by the Court of appeal - No research of the place of performance according to the applicable law - Violation of Article 5, point 1 of the Convention
- N° 1999/48
Sales contract - Delivery obligation - Place of performance where the goods were handed over to the first transporter in charge of dispatching it to the purchaser - No jurisdiction of the court for the place where the purchaser is domiciled
- N° 1999/49
Sales contract - Action in payment of the remaining part of the price - Obligation in question - Obligation to pay the price - Determination of the place of performance according to the law governing the obligation under the conflict rules of the court seized -Vienna Convention on contracts for the International Sale of Goods of 11/04/1980 - Obligation to be performed at the place where the seller is domiciled
- N° 1999/62
Supply contract entailing an exclusivity clause - Action for damages due to breach of the negative obligation deriving from the exclusivity clause - Place of performance of the obligation to be determined in accordance with the law governing the obligation under the conflict rules of the court seized - Rome Convention 1980 - Law of the country most closely related to the contract - Exclusivity agreement to be performed on Italy - Italian law - Will of the parties and nature of the negative obligation - Obligation to be performed in Italy - Jurisdiction of the Italian court
- N° 1999/63
Seamen's employment contract - Claim of an Italian worker, domiciled in Italy, to obtain from his German employer the payment of the sums related to his remuneration - Obligation of payment to be performed in the place determined in accordance with the law governing the obligation under the conflict rules of the court seized - Will of the parties as to the applicable law - Implied choice of Italian law -Payment obligation to be performed at the place where the worker/creditor is domiciled - Jurisdiction of the Italian court
- N° 1999/64
Contract for ship construction - Action to
terminate the contract for non-performance of his obligations by the
person placing the order - Obligation in question - Obligation to pay the
price - Place of performance to be determined according to the law
governing the obligation under the conflict rules of the court seized -
Italian law -Performance at place of creditor's domicile
- N° 1999/65
Determination of the place of
performance of the obligation in accordance with the law applicable under
the conflict rules of the court seised - N° 2000/1
Action founded on obligations
of equal rank arising from the same contract - One of the obligations to
be performed in the State of the court seised and the other in another
Contracting State - Court seised not having jurisdiction to hear the whole
action - N° 2000/2
Action on the basis of a
general obligation of exclusivity - Obligation to be fulfilled without any
geographical restriction - Jurisdiction of the courts for any of the - N° 2000/13
Action for damages for
breach of a contract of commercial agency - Place of performance
located in the State of the defendant’s domicile - Inapplicability
of Article 5, point 1 - Applicability of the Article 2 provisions
concerning general jurisdiction - Jurisdiction of the courts of the
defendant’s domicile
- N° 2000/29
Determination in accordance
with the law applicable under the conflict rules of the court seised -
Loading of freight, in a Contracting State, for the purposes of a voyage
by sea performed by a carrier domiciled in another Contracting State -
Damage during shipping - Summons of captain and shipper before the courts
for the place of loading - Duty of the court seised to examine the
applicable law before ruling on jurisdiction
- N° 2000/35
Determination of the
applicable law according to the conflict rules of the Rome Convention
- N° 2000/48
Obligation to distribute products in
a Contracting State - Jurisdiction of the courts of that State
- N° 2001/44
Obligation
not to do something, applicable without geographical limit -
Inapplicability of Article 5(1) of the Convention - Only Article 2 of the
Convention applicable -
N° 2002/1
Contract
of employment - Work
carried out "in the territory of a Contracting State" - Meaning
- Work carried out in the area of the continental shelf adjacent to a
Contracting State - Included - N° 2002/2
Contract
of employment - Place where the employee habitually carries out his work -
Determination, where work is carried out in more than one Contracting
State - Criteria - N° 2002/2
Determination
of the place of performance according to the applicable substantive law -
Framework agreement for the exclusive delivery of goods for packaging -
Place of performance of the obligation in question in creditor's domicile
- Creditor's claim that the accounts be produced and for compensation -
Austrian law - Jurisdiction of the court of the creditor's domicile
- N° 2002/20
Contracts
made by a travel agency with a hotel for a room with half-board and "skipass"
for certain fixed dates (ski packages) - Compensation provided for in the
case of cancellation of the contract by the travel agency - Claim for
compensation by the hotel owner following cancellation of the contract -
Compensation payable at the travel agency’s head office (Germany) in
accordance with the national law applicable (Austrian law) - Lack of
jurisdiction by the Austrian court seised - N° 2002/21
Breach
of contract for commercial agency performed in Denmark - Action for
compensation for damages - Jurisdiction of the court for the place of
performance - N° 2002/31
Determination
under the applicable law according to the conflict of laws rules of the
court seised of the case - Wrongful termination of sole distributorship
contract - Determination of the place of performance in the country of the
seat of the grantor without applying the foreign law held to be applicable
- Not permissible - N° 2002/35
Obligation
forming the basis of the claim - Warranty in respect of latent defects -
Obligation to be performed at the place of delivery - Determination of the
place of delivery under the law applicable to the obligation under the
conflict of laws rules of the court hearing the case - International sale
of goods subject to the Vienna Convention of 11 April 1980 - Applicability
of the Vienna Convention
- N° 2002/37
Verbal
agreement between the parties on a place other than that of actual
performance - Validity of the agreement - Jurisdiction of the courts for
the place where, according to the agreement, the obligation must be
performed - N° 2003/39
Obligation forming the basis
of the claim - Obligation to pay for services provided - Lack of
jurisdiction of the Portuguese courts - N° 2003/46
Sale contract - Obligation to pay the purchase
price - Determination in accordance with the Vienna Convention
of 11 April 1980 on the International Sale of Goods - Standard
terms of purchase set out on the back of a letter also
functioning as an invoice, not signed by the other party to
the contract - Regular supply of goods by the seller to the
purchaser's domicile in contravention of those terms -
Determination of the place of performance as being the
purchaser's place of business
- N°
2004/23
Promise by a mail order company
of a prize ostensibly won – Determination according to
national law – Pecuniary debt – Place of performance of
the obligation in the place of the debtor's domicile –
National court has no jurisdiction - N° 2005/18
Claim for payment of the
remuneration for forced labour in Germany from 1944 to 1945
together with damages – Labour carried out in BMW factory
– Whether Article 5(1) applicable – French courts lack
jurisdiction - N° 2005/34
Impossible for defendant sued
before a court of the State of his domicile, in accordance
with Article 2, to rely on the jurisdiction of the courts for
the place of performance of the obligation provided for in
Article 5(1) – Choice for the applicant alone - N° 2005/36
Exclusive distribution contract
– Principal obligation – Obligation to consign the goods -
N° 2005/39
Decisive moment for
determination of jurisdiction – Application of the rules of
national law – Date on which the proceedings were initiated
- N° 2005/46
Matters relating to a contract -
Place of performance of the obligation - Promise of winning
a prize on the part of a company whose seat is in Austria -
Claim by a person domiciled in Germany to the prize
ostensibly won - Determination of the place of performance
according to the conflict of law rules of the court seised -
Application of German law - Place of performance the
domicile of the creditor - Jurisdiction of the German courts
- N° 2006/24
Sole agency agreement -
Breach of agreement - Action for damages - Performance in the territory in
respect of which sole agency granted (Denmark) of the grantor's obligation to
maintain the exclusive relationship - Jurisdiction of the court seised -
Determination of the applicable law in accordance with Article 4(2) of the Rome
Convention - N° 2006/26
Sales contract - Obligation in
question - Obligation for payment - Determination of the
place of performance in accordance with the Vienna
Convention on Contracts for the International Sale of Goods
- Place of performance the domicile of the seller - N°
2006/44
Sales agent
domiciled in France alleged to have infringed a
non-competition agreement - Termination of the contract by
the principal domiciled in Italy - Action brought by the
principal for a declaration that there is no obligation to
pay compensation or damages - Obligation in question -
Agent’s obligation arising from the non-competition
agreement - Obligation to be performed in France - Italian
court lacking jurisdiction - N°
2007/31
Application for contract to
be declared void – Jurisdiction of the courts for the place
in which the obligation alleged to be void should have been
performed – Delivery and construction of a dwelling house –
Place where the plot of land is situated - N°
2008/41
Assumption
that the obligation is connected to a specific place -
Determination of jurisdiction in favour of the courts for
that place - Jurisdiction of the Italian court seised - N°
2009/53
Jurisdiction in matters relating to a contract - Employment contracts
Place of performance of the contractual obligation - Contract of
employment - Performance in more than one Contracting State and non-contracting
State - N° 1992/7
Place
where the employee habitually carries out his work - Meaning Work carried out in more than
one Contracting State - N° 1997/3
Contractual matters - Meaning of obligation - Agreement
concluded within the framework of an employment relationship - Employer committed to an
increase in value of shares held by the employee or to payment of an equivalent amount -
Claim by the employee for payment of this amount - Obligation to be taken into account -
Principal obligation to carry out the work - Performance in Italy - Jurisdiction of the
Italian court - N° 1997/13
Place of performance -
Place where the worker habitually carries out his work - Concept -
Continental shelf of a Contracting State - Inclusion - Request for
interpretation - N° 2000/8
Place of performance -
Place where the worker habitually carries out his work - Concept -
Relevant period for the determination of the place where the worker
habitually carries out his work where work has been carried out in
several Contracting States during several periods - Entry into force,
during the period of the work relationship, of national legislation
conferring jurisdiction on the courts of the place where the defendant
is domiciled - Effect - Request for interpretation - N°
2000/8
Place where the employee habitually
carries out his work - Definition - Employee who has concluded an initial
contract with an Italian undertaking designating Turin as the place of work -
Contract subsequently "on non- active status" (regime di aspettava), under the
collective agreement applicable, for a limited period during which the Italian
undertaking assumed the obligation to bear the costs of accommodation and travel
to Munich, to enable the employee to work there on an international cooperation
project in which the Italian undertaking was not participating directly -
Employee who has concluded, with reference to the initial contract, a second
contract of employment with a German company in Munich where he effectively
carried out the work - Claim that the Italian undertaking should pay
accommodation and travel costs - Jurisdiction of the German court under Article
5(1) of the Convention - Request for interpretation - N° 2001/8
Place
where the employee habitually carries out his work - Determination -
Employee having successively concluded two contracts with two
different employers, the first contract being suspended during the
performance of the second - Dispute between the employee and the first
employer - N° 2003/4
"Place where the employee
habitually carries out his work" within the meaning of Article 5(1) -
Meaning - Work carried out by employee on fixed or floating installations
situated on or above the Continental Shelf adjacent to a Contracting State -
Included
- N° 2003/15
"Place where the
employee habitually carries out his work" within the meaning of
Article 5(1) - Determination in the case where the work is carried out
in several Contracting States - Criteria - N° 2003/15
Place where the worker habitually
carries out his work - Concept - Transfer of a football player from a Spanish
club to an Italian club - Subsequent transfer to another Spanish club - Player's
share in the compensation payable on account of first transfer - Claim for
payment - Interest of the first two clubs in the transfer taking place -
Connecting factor especially close between the dispute and the court called upon
to hear and determine it - Adequate protection of the worker - Jurisdiction of
Spanish courts - N° 2006/27
Performance in more than one
contracting State - Account taken of the place where, or
from which, the employee performs the essential part of his
duties vis-à-vis his employer - Professional sportsman -
Cyclist domiciled in France having entered into a contract
with an Italian company and having undertaken most of his
races and training in France - Jurisdiction of the French
courts - N° 2009/41
Contract made subject by the
parties to Italian law and performed in France - Arbitration
clause included in the contract - Unenforceable against an
employee who brought proceedings in the courts having
jurisdiction under the applicable rules - Indifference in
that regard of the law governing the contract of employment - N° 2009/41
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