THE TWO PARTIES ARE OF AN EQUIVALENT NATURE ( AS IN THE CASE OF A CONTRACT OF BARTER ), AND, SECONDLY, THAT IT WAS THE INTENTION OF THE AUTHORS OF THE CONVENTION, AS REFLECTED IN CERTAIN LANGUAGE VERSIONS OF ARTICLE 5 ( 1 ) THEREOF, TO ESTABLISH THE FORUM OF THE PLACE OF PERFORMANCE BY REFERENCE TO THE CONTRACTUAL OBLIGATION ON WHICH THE JUDICIAL PROCEEDINGS WERE ACTUALLY BASED .
16 IN THAT CONNECTION IT SHOULD FIRST BE OBSERVED THAT CONTRACTS OF EMPLOYMENT, LIKE OTHER CONTRACTS FOR WORK OTHER THAN ON A SELF-EMPLOYED BASIS, DIFFER FROM OTHER CONTRACTS - EVEN THOSE FOR THE PROVISION OF SERVICES - BY VIRTUE OF CERTAIN PARTICULARITIES : THEY CREATE A LASTING BOND WHICH BRINGS THE WORKER TO SOME EXTENT WITHIN THE ORGANIZATIONAL FRAMEWORK OF THE BUSINESS OF THE UNDERTAKING OR EMPLOYER, AND THEY ARE LINKED TO THE PLACE WHERE THE ACTIVITIES ARE PURSUED, WHICH DETERMINES THE APPLICATION OF MANDATORY RULES AND COLLECTIVE AGREEMENTS . IT IS ON ACCOUNT OF THOSE PARTICULARITIES THAT THE COURT OF THE PLACE IN WHICH THE CHARACTERISTIC OBLIGATION OF SUCH CONTRACTS IS TO BE PERFORMED IS CONSIDERED BEST SUITED TO RESOLVING THE DISPUTES TO WHICH ONE OR MORE OBLIGATIONS UNDER SUCH CONTRACTS MAY GIVE RISE .
17 WHEN NO SUCH PARTICULARITIES EXIST, IT IS NEITHER NECESSARY NOR APPROPRIATE TO IDENTIFY THE OBLIGATION WHICH CHARACTERIZES THE CONTRACT AND TO CENTRALIZE AT THE PLACE OF PERFORMANCE THEREOF JURISDICTION, BASED ON PLACE OF PERFORMANCE, OVER DISPUTES CONCERNING ALL THE OBLIGATIONS UNDER THE CONTRACT . THE VARIETY AND MULTIPLICITY OF CONTRACTS AS A WHOLE ARE SUCH THAT THE ABOVE CRITERION MIGHT IN THOSE OTHER CASES CREATE UNCERTAINTY AS TO JURISDICTION, WHEREAS IT IS PRECISELY SUCH UNCERTAINTY WHICH THE CONVENTION IS DESIGNED TO REDUCE .
18 ON THE OTHER HAND, NO SUCH UNCERTAINTY EXISTS FOR MOST CONTRACTS IF REGARD IS HAD SOLELY TO THE CONTRACTUAL OBLIGATION WHOSE PERFORMANCE IS SOUGHT IN THE JUDICIAL PROCEEDINGS . THE PLACE IN WHICH THAT OBLIGATION IS TO BE PERFORMED USUALLY CONSTITUTES THE CLOSEST CONNECTING FACTOR BETWEEN THE DISPUTE AND THE COURT HAVING JURISDICTION OVER IT, AND IT IS THIS CONNECTING FACTOR WHICH EXPLAINS WHY, IN CONTRACTUAL MATTERS, IT IS THE COURT OF THE PLACE OF PERFORMANCE OF THE OBLIGATION WHICH HAS JURISDICTION .
19 ADMITTEDLY, THE ABOVE RULE DOES NOT AFFORD A SOLUTION IN THE PARTICULAR CASE OF A DISPUTE CONCERNED WITH A NUMBER OF OBLIGATIONS ARISING UNDER THE SAME CONTRACT AND FORMING THE BASIS OF THE PROCEEDINGS COMMENCED BY THE PLAINTIFF . HOWEVER, IN SUCH A CASE THE COURT BEFORE WHICH THE MATTER IS BROUGHT WILL, WHEN DETERMINING WHETHER IT HAS JURISDICTION, BE GUIDED BY THE MAXIM ACCESSORIUM SEQUITUR PRINCIPALE; IN OTHER WORDS, WHERE VARIOUS OBLIGATIONS ARE AT ISSUE, IT WILL BE THE PRINCIPAL OBLIGATION WHICH WILL DETERMINE ITS JURISDICTION . THAT COMPLICATION DOES NOT, HOWEVER, ARISE IN THE CASE REFERRED TO IN THE QUESTION RAISED BY THE LANDGERICHT KAISERSLAUTERN .
20 THE ANSWER TO BE GIVEN TO THE QUESTION REFERRED TO THE COURT SHOULD THEREFORE BE THAT, FOR