Case number and/or case name
OLG Düsseldorf, 18.2.2014 – I-24 U 58/13
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph b
Indent 2
Date of the judgement
17 February 2014
CJEU's case law cited by the court
Summary
The first instance court had missed to examine the international jurisdiction of German courts and therefore denied the admissibility of the action brought by the plaintiff.
The second instance court held that Art 5 (1) (b) second indent Brussels I applied to the dispute. It stated that the provision extended to any kind of service contract. Regarding mixed contracts, it is decisive to determine whether the service was characteristic to the contract. The court further stated that the place of performance was to be determined in a factual manner, independently from the substantive law applicable to the contract.
The disputed contract contained elements of purchase contracts as well as elements connected to building law. The court found that the agreed activities as well as the building related components fell within the European understanding of ‘services’.