Someone recently bought our

students are currently browsing our notes.

X

Wood Floor Solutions Notes

BCL Law Notes > Conflict of Laws BCL Notes

This is an extract of our Wood Floor Solutions document, which we sell as part of our Conflict of Laws BCL Notes collection written by the top tier of Oxford students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Conflict of Laws BCL Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

WOOD FLOOR SOLUTIONS (2010) FACTS The reference has been made in the course of proceedings between Wood Floor Solutions Andreas Domberger GmbH ('Wood Floor'), established at Amstetten (Austria), and Silva Trade SA ('Silva Trade'), established at Wasserbillig (Luxembourg), relating to a claim for compensation for the termination of a commercial agency contract performed in several Member States. It is apparent from the order for reference that on 21 August 2007 Wood Floor sued Silva Trade before the Landesgericht Sankt Pölten (Austria) seeking damages for termination of a commercial agency contract of EUR 27 864.65 and compensation of EUR 83 593.95. In order to found the jurisdiction of the court seised, Wood Floor relied on Article 5(1)(b) of the regulation and claimed to have carried on business exclusively from its seat at Amstetten, the work of signing up and acquiring of clients thus taking place in Austria. QUESTIONS Is the second indent of Article 5(1)(b) of [the regulation] applicable in the case of a contract for the provision of services also where the services are, by agreement, provided in several Member States?
If the answer to that question is in the affirmative, should the provision referred to be interpreted as meaning that (b) the place of performance of the obligation that is characteristic of the contract must be determined by reference to the place where the service provider's centre of business is located, which is to be determined by reference to the amount of time spent and the importance of the activity; (c) in the event that it is not possible to determine a centre of business, an action in respect of all claims founded on the contract may be brought, at the applicant's choice, in any place of performance of the service within the Community?
HOLDING Does Art. 5(1)(a) or Art. 5(1)(b) apply when services are provided in more than one member-state?
In the light of the objectives of proximity and predictability, the Court held that the rule set out in the first indent of Article 5(1)(b) of the regulation is also applicable where there are several places of delivery of goods within a single Member State, since one court must have jurisdiction to hear all the claims arising out of the

Buy the full version of these notes or essay plans and more in our Conflict of Laws BCL Notes.

More Conflict Of Laws Bcl Samples