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?

Yes, the provision is applicable when services are provided in multiple Member States.

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;

The place of main provision of services determines jurisdiction, based on the contract or actual performance, or agent's domicile if unclear.

Jurisdiction is at the place of main service provision or agent's domicile if unclear.

European Court of Justice (Third Chamber) · 11 maart 2010 · Judgment · Preliminary ruling

(Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Special jurisdiction – Article 5(1)(a) and (b), second indent – Provision of services – Commercial agency contract – Performance in several Member States)

Rechtsvraag

The central legal question is whether the second indent of Article 5(1)(b) of Regulation No 44/2001 on jurisdiction is applicable in cases where services are provided in several Member States, and how the court with jurisdiction should be determined in such cases.

Regel

Art. 5(1)(b), second indent, Council Regulation No 44/2001 (EC) (Special jurisdiction for contracts for the provision of services, specifying the place of performance of the obligation as the place where services were provided or should have been provided.)

Conclusie

The court concluded that the second indent of Article 5(1)(b) of Regulation No 44/2001 is applicable to cases where services are provided in multiple Member States. The court with jurisdiction is the one in whose jurisdiction the main place of service provision is located, as determined by the contract, actual performance, or the agent's domicile.

Tijdlijn

22-12-2000 Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters was adopted.
18-12-1986 Council Directive 86/653/EEC on the coordination of the laws of the Member States relating to self-employed commercial agents was adopted.
21-08-2007 Wood Floor sued Silva Trade before the Landesgericht Sankt Pölten (Austria) seeking damages for termination of a commercial agency contract.
23-12-2008 The Oberlandesgericht Wien made a decision to refer questions for a preliminary ruling to the Court of Justice of the European Union.
12-01-2009 The request for a preliminary ruling from the Oberlandesgericht Wien was received at the Court of Justice of the European Union.
29-10-2009 The Court of Justice of the European Union conducted a hearing regarding the case.
12-01-2010 The Advocate General delivered their opinion on the case at a sitting.
11-03-2010 The Court of Justice of the European Union delivered its judgment in case C-19/09.