PIL instrument(s)

Case number and/or case name

BGH, 2.3.2006 – IX ZR 15/05

Details of the court

Germany, Third Instance

Articles referred to by the court

Date of the judgement

01 March 2006

Appeal history

CJEU's case law cited by the court

Summary

The plaintiff brought an action for the lawyer’s fee for representation in arbitration proceedings. The oral proceedings before the arbitration court had been made in London. The proceedings had been prepared by the competent lawyer in Munich (Germany). The first instance court denied the international jurisdiction of German courts. The second instance court affirmed it. The Federal Court of Justice held that the second instance correctly assumed its international jurisdiction. The provision of services within the meaning of Art. 5 Brussels I as well as the consideration according to the court had a uniform place of performance. This was the place of the characteristic performance. The court further stated that in case of a provision of services in several Member States the place of the focus of the activity was decisive. The judgment is in accordance with the CJEU jurisdiction regarding the provision of services in C-19/09 (Wood Floor Solutions). Therefore the decision is correct.