Case number and/or case name
OLG Koblenz, 13.3.2008 – 6 U 947/07
Summary
The plaintiff brought an action for payment resulting from a commercial agent contract. She had worked for the defendant, a company seated in Czech Republic. The court had to consider the international jurisdiction of German courts. The Regional Court denied the international jurisdiction.
The court stated that the activity of an agent was a ‘provision of services’ within the meaning of Art. 5 Brussels I. Further, the place where the agent carries out his work as the place of performance within the meaning of Art. 5 Brussels I was also decisive for claims concerning the counter-performance. In case that the agent has carried out his work in several different places the focus laid on the place where he has its registered office.
The contract concerning commercial agent’s activities in the present case in accordance with settled case law has to be considered as a contract concerning the provision of services (see CJEU in C-19/09, Wood Floor Solutions). In this regard the decision therefore is correct. Further, the draft of the Regulation considers the place of performance to be decisive for the counter-performance (COM 1999, 348 p. 15). In this regard the decision also is correct. The focusing of the agent’s registered office stays in accordance with the CJEU judgment C-19/09 (Wood Floor Solutions).