Language of document :

Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 22 August 2008 - Car Trim GmbH v KeySafety Systems SRL

(Case C-381/08)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Car Trim GmbH

Defendant: KeySafety Systems SRL

Questions referred

1.    Is Article 5(1)(b) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 1 to be interpreted as meaning that contracts for the delivery of goods to be produced or manufactured are, notwithstanding specific obligations on the part of the customer with regard to the provision, fabrication and delivery of the components to be produced, including a guarantee of the quality of production, reliability of delivery and smooth administrative handling of the order, to be classified as a sale of goods (first indent), and not as provision of services (second indent)? What criteria are decisive for the distinction?

2.    If a sale of goods is to be presumed: in the case of contracts involving carriage of goods, is the place where under the contract the goods sold were delivered or should have been delivered to be determined according to the place of physical transfer to the purchaser, or according to the place at which the goods were handed over to the first carrier for transmission to the purchaser?

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1 - OJ L 12, 16.1.2001, p. 1.