PIL instrument(s)

Case number and/or case name

OLG Köln, 17.1.2013 – 19 U 134/12

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

16 January 2013

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about payment claims regarding a commercial agent contract. The defendant is a business seated in Hungary and the plaintiff is a business seated in Israel. The contract between them concerned the plaintiff’s activity as a commercial agent. It was doubtful whether German courts had the international jurisdiction. The court stated that if the kind of performance was described only rudimentary in the contract, the place of performance within the meaning of Art 5 no 1 (a) Brussels I could not be derived from the primarily decisive regulations in the contract. Further, if the commercial agent carried out his activities in several states, it was decisive where he mainly worked in view of the fact that the place of performance could not be derived from the agreement between the parties. Given the fact that a main place could not be clearly determined, the place of the main performance – as a subsidiary rule – was the place where the commercial agent had his seat. The court denied the international jurisdiction of German courts as the plaintiff was seated in Israel.