Case number and/or case name
OLG Düsseldorf, 7.3.2003 – 23 U 199/02
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Date of the judgement
06 March 2003
CJEU's case law cited by the court
Summary
The plaintiff is a German company. The defendant is a company located in the Netherlands. The plaintiff sues for payment of work wages for galvanizing metals. The first instance declined the international jurisdiction. The plaintiff appeals against this decision.
The appellate court held that it has international jurisdiction pursuant to Art 5 nr 1 lit. b Brussels I because the contractual services were provided in Germany. The term “service” has to be interpreted autonomously and it includes contracts for work.
The judgement is correct.