# C_2010113EN.01001401.xml

| 1.5.2010 | EN | Official Journal of the European Union | C 113/14 |
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1.5.2010

EN

Official Journal of the European Union

C 113/14

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Judgment of the Court (Third Chamber) of 11 March 2010 (reference for a preliminary ruling from the Oberlandesgericht Wien — Austria) — Wood Floor Solutions Andreas Domberger GmbH v Silva Trade, SA

(Case C-19/09) (1)

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(Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Regulation (EC) No 44/2001 - Special jurisdiction - Article 5(1)(a) and (b), second indent - Provision of services - Commercial agency contract - Performance in several Member States)

2010/C 113/19

Language of the case: German

Referring court

Referring court

Oberlandesgericht Wien

Parties to the main proceedings

Parties to the main proceedings

Applicant: Wood Floor Solutions Andreas Domberger GmbH

Applicant:

Defendant: Silva Trade SA

Defendant:

Re:

Re:

Reference for a preliminary ruling — Oberlandesgericht Wien (Austria) — Interpretation of Article 5(1)(a) and (b), second indent, of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Special jurisdiction — Scope — Action for payment of compensation for termination of a contract for the provision of services — Services provided under a contract in different Member States

Operative part of the judgment

Operative part of the judgment

| 1. | The second indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that that provision is applicable in the case where services are provided in several Member States; |
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1.

The second indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that that provision is applicable in the case where services are provided in several Member States;

| 2. | The second indent of Article 5(1)(b) of Regulation No 44/2001 must be interpreted as meaning that where services are provided in several Member States, the court which has jurisdiction to hear and determine all the claims arising from the contract is the court in whose jurisdiction the place of the main provision of services is situated. For a commercial agency contract, that place is the place of the main provision of services by the agent, as it appears from the provisions of the contract or, in the absence of such provisions, the actual performance of that contract or, where it cannot be established on that basis, the place where the agent is domiciled. |
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2.

The second indent of Article 5(1)(b) of Regulation No 44/2001 must be interpreted as meaning that where services are provided in several Member States, the court which has jurisdiction to hear and determine all the claims arising from the contract is the court in whose jurisdiction the place of the main provision of services is situated. For a commercial agency contract, that place is the place of the main provision of services by the agent, as it appears from the provisions of the contract or, in the absence of such provisions, the actual performance of that contract or, where it cannot be established on that basis, the place where the agent is domiciled.

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(1)  OJ C 82, 4.4.2009.

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