Order — ECLI:EU:C:2013:788
Date: 2013-11-14
Language of the case: German
Court formation: Tenth Chamber
Subject matter: Area of freedom, security and justice;Judicial cooperation in civil matters
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary — Order of the Court (Tenth Chamber), 14 November 2013 1. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Special jurisdiction — Jurisdiction in matters relating to a contract — Scope — Existence of the contract on which the claim is based which is in dispute between the parties — Included (Council Regulation No 44/2001, Art. 5(1)) 2. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Special jurisdiction — Court for the place of performance of the contractual obligation in question within the meaning of Article 5(1)(b) — Concept of provision of services — Storage of goods — Included (Council Regulation No 44/2001, Art. 5(1)(b), second indent) 1. See the text of the decision. (see para. 21) 2. The second indent of Article 5(1)(b) of Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a contract relating to the storage of goods constitutes a contract for the provision of services within the meaning of that provision. In that regard, the predominant element of a storage contract is the fact that the warehousekeeper undertakes to store the goods concerned on behalf of the other party to the contract. Accordingly, that commitment entails a specific activity, consisting, at the least, of the reception of goods, their storage in a safe place and their return to the other party to the contract in an appropriate state. (see paras 27, 30, operative part)