Summary
A Polish company, the plaintiff, sued a German company for the payment of compensation for improper performance of the contract of sale. The defendant stated that the Polish court had no jurisdiction under the provisions of the Brussels I Regulation. The courts of the first and second instance agreed and pointed out that according to Article 5 point 1 letter b of the Brussels I Regulation the place of performance of obligation shall be – in the first place – the place indicated by the parties in the contract. The court stated that according to the general terms and conditions the goods should have been delivered in Germany. Thus, it is the German court which has the jurisdiction.