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26 March 2010
Issue: 7410 / Categories: Case law , Law digest
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Conflict of laws

Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA C-19/09, [2010] All ER (D) 130 (Mar)

The second indent of Art 5(1)(b) of Council Regulation (EC) 44/2001 meant that that provision was applicable in the case where services were provided in several member states. Regarding the place of performance of the obligations arising from contracts for the provision of services, as with the sale of goods, Art 5(1)(b) of the Regulation defined that criterion of a link autonomously, in order to reinforce the objectives of unification of the rules of jurisdiction and predictability.

Accordingly, in such cases, the place of provision of services was established as the autonomous linking factor to apply to all claims founded on one and the same contract of sale. In the light of the objectives of proximity and predictability, the rule in Art 5(1)(b) was also applicable where there were several places of provision of services within a single member state, since one court had to have jurisdiction to hear all the claims arising out of the contract.

Where the

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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