CELEX: 62010CN0087
Language: en
Date: 2010-02-15 00:00:00
Title: Case C-87/10: Reference for a preliminary ruling from the Tribunale Ordinario di Vicenza — Sezione distaccata di Schio (Italy) lodged on 15 February 2010 — Electrosteel Europe SA v Edil Centro SpA

17.4.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 100/30
            
         Reference for a preliminary ruling from the Tribunale Ordinario di Vicenza — Sezione distaccata di Schio (Italy) lodged on 15 February 2010 — Electrosteel Europe SA v Edil Centro SpA
   (Case C-87/10)
   2010/C 100/45
   Language of the case: Italian
   
      Referring court
   
   Tribunale Ordinario di Vicenza
   
      Parties to the main proceedings
   
   
      Applicant: Electrosteel Europe SA
   
      Defendant: Edil Centro SpA
   
      Question referred
   
   Must Article 5(1)(b) of Regulation (EC) No 44/01 (1) — and, in any event, Community law — which lays down that, in the case of the sale of goods, the place of performance of an obligation is the place where, under the contract, the goods were delivered or should have been delivered, be interpreted as meaning that the place of delivery, relevant for the purposes of determining the court having jurisdiction, is the place of final destination of the goods covered by the contract or the place in which the seller is discharged of his obligation to deliver, in accordance with the substantive rules applicable to the individual case, or is that rule open to a different interpretation?
   
      (1)  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).