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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
Ascertaining
of jurisdiction by the court seised - Facts alleged in support of
jurisdiction, not being circumstances which also constitute the basis
for the action - Facts having to be proved if contested by the defendant
- Existence of an agreement between the parties specifying the place
of performance of the obligation in question - N° 1998/14
Concept
- Action claiming avoidance of reinsurance contracts on the ground
of breach by the reinsureds of their duty to provide correct and complete
informations prior to the conclusion of the contract - Included -
N° 1998/33 Concept -
Autonomous interpretation - Guarantee - Dispute opposing a creditor and the guarantor of
the obligations of his debtor - Obligation of the guarantor - Included - N° 1998/45 Matters relating to a contract - Concept - Autonomous interpretation
- N°
1999/31 Matters
relating to a contract - Concept - Action in liability against the
manager of a German limited liability company for breach of the duties
imposed by the memorandum and articles of association of the company -
Inclusion - N°
2000/22 Matters relating to tort,
delict or quasi-delict – Not applicable in the case of multiple
claims of which one has a contractual basis - N° 2005/32 Jurisdiction in matters relating to a contract - Scope; the term
"obligation"
Concept
of obligation - Obligation in question in case of an action for avoidance
of a contract - Obligation to act in good faith during pre-contract
negotiations - N°
1998/33
Concept of obligation - Independent interpretation - Action to establish the right to payment of a bank guarantee transferred by the defendant to the claimant - Obligation of the defendant to consent to payment - Place of performance - Determination under the law governing the obligation under the conflict rules of the court seized - German law - Performance at place of debtor's domicile
- N° 1999/11
Place of performance of the obligation - Obligation to pay - Applicable law determined according to the law governing the obligation under the conflict rules of the court seized - Austrian law - Performance at debtor's domicile - Different place agreed by the parties - Evidence
- N° 1999/13
Concept of obligation - Action for restitution of the price paid - Contract whose validity is challenged on the basis of lack of consent - Challenge of the contractual link as a mere preliminary question - Obligation to pay - Place of performance - Determination according to the law governing the obligation under the conflict rules of the court seized - Same solution according to the two national laws at stake - Performance at place of debtor's domicile
- N° 1999/18
Concept of obligation - Action in restitution of the price paid - Contract terminated in accordance to the common will of the parties - Obligation to pay - Place of performance - Determination in accordance with the law that governs the obligation according to the conflict rules of the court seized - Swiss law - Performance at the place where the creditor is domiciled
- N° 1999/23
Concept of obligation - Exclusive sales contract - Claim for damages based on the single obligation concerned with distribution - Faculty to also take into consideration the place of performance of the obligation relating to supply - Absence - Determination of place of performance according to the law governing the obligation under the conflict rules of the court seized - National law coinciding with the conceded territory (Swiss law) - Jurisdiction of the court for the place where the debtor is domiciled - Established case-law of the Court of Justice prior to signature of the Lugano Convention, despite being controversial in the legal writing as to the Brussels Convention -Binding value for the Swiss courts according to Protocol 2
- N° 1999/33
Concept
- Surety agreement - Inclusion - Surety agreement with a private
person acting outside any professionnal commitments - No relevance - N°
1999/69
Concept
- Surety obligation - Inclusion - N°
1999/71
Employment
contract - Concept - Contractual relations between an independent
commercial agent and the principal - Exclusion - Action for payment of
commission, production of accounts and a redundancy payment -
Applicability of Article 5, point 1, first alternative - Obligation to
be taken into consideration - Principal obligation - Obligation of
payment - N°
2000/14
Action
for annulment of a contract based on failure to fulfill
pre-contractual obligations to disclose information - Obligation to
observe the principle of good faith during negotiations prior to the
conclusion of the contract - Inclusion - N°
2000/40
Matters relating to a contract -
Definition - Action for product liability brought by a sub-purchaser against the
manufacturer - Exclusion - N° 2001/13
Matters
relating to contract – Meaning of obligation – Independent interpretation -
N° 2005/25
Jurisdiction in matters relating to a contract - Place of performance
Sale of goods - Payment obligation
- Determined by reference to the Vienna Convention on the International Sale of Goods -
Contract not providing for on the spot exchange - Place of performance at the seller's
domicile - N° 1997/18
Obligation of the guarantor -
Performance according to the two laws concerned at the domicile of the main creditor - N°
1998/45
Accommodation contract - Action by hotel owner for payment - Reference to applicable national law - Austrian law - Nature of the contract taken into account - Performance of the obligations of both parties at the place of accommodation - Jurisdiction of the court seized
- N° 1999/12
Obligation to pay - Proof of existence of agreement designating Austria as place of performance - Burden placed on claimant - Not discharged -Place of performance in Germany under the applicable (Austrian) law - Lack of jurisdiction of Austrian courts
- N° 1999/22
Contract of performance of services by a lawyer - Action in payment of the fees - Determination of the applicable law according to conflict rules of the court seized - Austrian law - Performance at the place where the debtor was domiciled at the time of the conclusion of the contract - Jurisdiction of the court seized
- N° 1999/26
Sales contract - Obligation to deliver - Vienna Convention on Contracts for the International Sale of Goods - Clause stipulating delivery to third parties, i.e. customers of the buyer - Clause not designating the place of performance for the purpose of determining the jurisdiction - General rule of jurisdiction according to Article 2 of the Convention - Lack of jurisdiction of the court seized
- N° 1999/27
Claim for damages founded on the revocation of an order by the principal - Obligation of payment - Austrian law - Performance at the place where the debtor is domiciled in Germany - Nature of the contract and circumstances of the case leading to the specified place of delivery - Lack of relevance
- N° 1999/28
Sales contract - Delivery obligation - Claim for damages due to defective products - 'Delivery free at purchaser's place' clause - No determination of the place of performance in the clause - Exceptions - Absence - Lack of jurisdiction of the court seized
- N° 1999/29
Security obligation - Determination according to the law governing the obligation under the conflict rules of the court seized - Austrian law - Performance at the place where the debtor is domiciled in Italy - Lack of jurisdiction of the court seized
- N° 1999/30
Obligation
of the person who stands surety to clear the main debtor's debt -
Performance in accordance with the two national laws in question at the
place where the debtor is domiciled
- N°
1999/71
Obligation
to make payment - Place of performance in Austria under the applicable law
(Austrian law) - Jurisdiction of the Austrian courts
- N° 2002/18
Commercial
agency contract - Claim based on the obligation to pay the agent -
Determination of the place of performance by the law governing the
contract - Law of the country where the representative activities were
carried out (Norwegian law) - Jurisdiction of the courts of the place
where payments were effected
- N° 2002/49
Claim
brought in Norway for a declaration of the non-existence of the
debts relied on by the defendants based in Sweden - Place where alleged
debts to be discharged - Debts to be discharged by bank transfer to the
bank account of the defendants in Sweden - Determination of the place of
discharge according to Norwegian law - Application of Norwegian law on
financial contracts - Effect of Community Directive 97/5 on cross-border
credit transfers - Place of discharge situated at the seat of the
defendants’ bank in Sweden - Lack of jurisdiction of the Norwegian court
seised
- N°
2002/53
Determination according to
the obligation which forms the basis of the application and according to
the law governing that obligation according to the conflict of laws rules
of the court seised, in this case the Rome Convention, referring to
Austrian law - Lack of proof as to the content of Austrian law -
Application of the lex fori (Luxembourg) - Derogation by the parties from
the principle that goods must be collected and place of delivery fixed as
Luxembourg - Jurisdiction of the Luxembourg courts - N° 2003/40
Sale contract - Obligation to pay the
price - Determination of the place of performance by the uniform law
on international sale and by the national law of the court -
Performance at seller's domicile - Place of performance not determined
in the sale contract - Not relevant - N° 2004/33
Consideration of principal obligation – Application based on equivalent
obligations arising from the same contract – Determination of the place of
performance by the applicable law (Swiss law) – German courts lack
jurisdiction - N° 2005/25 Exclusive dealership
agreement – Obligation of exclusivity to be observed throughout
Norwegian territory – Place of performance of the obligation not
falling within the jurisdiction of a particular court – Article 5(1)
not applicable - N° 2005/42 Sales contract covering a period of 18
months - Claim by the seller for damages because the size of orders was smaller
than anticipated in the contract - Claim for damages of a secondary character in
relation to the obligation to pay the sales price and not therefore possible to
treat it in the same way as that obligation for the purposes of Article 5(1) of
the Convention - No effect - Place of performance of the obligation to pay the
sales price - Domicile of the seller - Jurisdiction of the court seised - N° 2006/39
Circumstances of the case taken into account - Contract for the
delivery of a (prototype) machine to be built and tested in the
State in which the manufacturer is domiciled and then delivered,
assembled and commissioned in the State in which the buyer is
domiciled - Obligation to deliver a machine free from defects and
fit for its intended use enforceable in the place where the buyer is
domiciled - Jurisdiction of the Irish courts - N° 2007/34 Contract
for the transfer of intellectual property rights – Warranty by a
third party in respect of licences relating to those rights –
Compliance with the warranty required at the time and place where
the transfer of those rights was effected - N° 2008/35 Commercial
agency contract – Claim arising out of obligation to pay the agent –
Determination of the place of performance according to the law
governing the contract – Norwegian law applicable to the contract
under private international law of the State of the court seised (Norway), the contract having closer ties to Norway –
Performance in the place where remuneration paid – Jurisdiction of the Norwegian
courts - N° 2008/43 Jurisdiction in matters relating to a contract - Employment contracts
Employment contract - Concept -
Contractual relations between an independent commercial agent and the
principal - Exclusion - Action for payment of commission, production
of accounts and a redundancy payment - Applicability of Article 5,
point 1, first alternative - Obligation to be taken into consideration
- Principal obligation - Obligation of payment - N° 2000/14
Contract subject to Swiss
law and performed in France - Arbitration clause fixing the place of
the arbitral court in Switzerland - Unenforceable against an employee
having brought proceedings in the courts of the place of enforcement
(France) - N° 2000/28
Place where the employee
habitually carries out his work - Contract of employment concluded
with a Swiss company with a branch in Norway - Work carried out on an
installation situated initially above the Continental Shelf of the
United Kingdom then moved to the Norwegian Continental Shelf -
Jurisdiction of the Norwegian courts - Requirement to transfer to a
place of work in another State - No effect - N° 2003/42
Contract of employment – Meaning – Independent
interpretation - N° 2005/25
Contract
of employment – Meaning – Contract between the applicant and a
group of undertakings providing for the conclusion of a contract of
employment with one of those undertakings and the conclusion of a
second contract concerning the applicant's employment as a director
– No contract of employment with the group – Second clause of
Article 5(1) not applicable to an action against the group - N°
2005/25
Action for compensation for accident at work brought
simultaneously against employer and insurer – Maritime worker –
Employer having its seat in Norway – Insurer having its seat in
England – Portuguese courts lacking jurisdiction - N°
2008/46
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