PIL instrument(s)

Case number and/or case name

OLG Düsseldorf, 21.9.2007 – 16 U 230/06

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

20 September 2007

Appeal history

CJEU's case law cited by the court

Summary

The parties argued on the defendant’s obligation to pay for the plaintiff’s activities resulting from a commercial agent contract. The first instance court denied the international jurisdiction of German courts. The Higher Regional Court contested the first instance court’s judgment and affirmed the international jurisdiction. It stated that a commercial agency contract fell under the term ‘provision of services’ within the meaning of Art. 5 no. 1 (b) second indent Brussels I. Further, if the commercial agent fulfilled his contractual obligations in more than one country the local focus of these activities was decisive also for distinguishing the venue of the consideration claim. This was in principle the place where the main activities have been performed. The jurisdiction stays in accordance with the CJEU jurisdiction in C-19/09 (Wood Floor Solutions) [paragraph 34 et seq.]. The judgment is correct.