Case number and/or case name
OLG Oldenburg, 25.2.2014 – 13 U 86/13
Summary
The parties argued about the payment claim from a commercial agent contract. It was doubtful whether the claim fell under the contractual venue, Art. 5 no 1 Brussels I. The court stated that claims resulting from § 89b HGB (German Code on Commercial Law) fell within the meaning of the provision. If a commercial agent carried out his professional activities in several Member States without there being a focus on a certain state, the place of his seat was relevant within the determination of the place of performance within Art 5 no 1 Brussels I. In order to justify this reading, the court referred to the CJEU judgment C-19/09 where the Court decided on the issue of activities in several Member States with regard to service contracts.
The court referred the case back to the first instance.