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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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