CELEX: C2007/140/07
Language: en
Date: 2007-06-23 00:00:00
Title: Case C-386/05: Judgment of the Court (Fourth Chamber) of 3 May 2007 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Color Drack GmbH v Lexx International Vertriebs GmbH (Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Special jurisdiction — First indent of Article 5(1)(b) — Court for the place of performance of the contractual obligation in question — Sale of goods — Goods delivered in different places within a single Member State)

23.6.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 140/4
            
         Judgment of the Court (Fourth Chamber) of 3 May 2007 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Color Drack GmbH v Lexx International Vertriebs GmbH
   (Case C-386/05) (1)
   
   (Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Regulation (EC) No 44/2001 - Special jurisdiction - First indent of Article 5(1)(b) - Court for the place of performance of the contractual obligation in question - Sale of goods - Goods delivered in different places within a single Member State)
   (2007/C 140/07)
   Language of the case: German
   Referring court
   Oberster Gerichtshof
   Parties to the main proceedings
   
      Applicant: Color Drack GmbH
   
      Defendant: Lexx International Vertriebs GmbH
   Re:
   Reference for a preliminary ruling — Oberster Gerichtshof — Interpretation 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 (OJ 2001 L 12, p. 1) — Special jurisdiction — Place to which goods were delivered under a contract of sale — Multiple places of delivery
   Operative part of the judgment
   The first 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 applying where there are several places of delivery within a single Member State. In such a case, the court having jurisdiction to hear all the claims based on the contract for the sale of goods is that for the principal place of delivery, which must be determined on the basis of economic criteria. In the absence of determining factors for establishing the principal place of delivery, the plaintiff may sue the defendant in the court for the place of delivery of its choice.
   
      (1)  OJ C 10, 14.1.2006.