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
