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1. Article 5(1) Forum solutionis contractus
Published online by Cambridge University Press: 21 May 2009
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- Type
- The E.E.C. Convention on Jurisdiction and Judgments of 27 September 1968 in Netherlands Legal Practice
- Information
- Copyright
- Copyright © T.M.C. Asser Press 1975
References
page 338 note * Tractatenblad 1964 nr. 117.Zweigert/Kropholler, Sources of Intcrnat. Uniform Law, Vol. I p.41
page 338 note ** But see Landgericht Braunschweig 28 February 1974, RIW/AWD 1974, 346, stating that such a stipulation should keep up with the conditions set for a choice of court clause in Article 17. In any case, in default cases the court should ascertain ex officio the existence and binding force of the stipulation proposed in the writ of summons as the basis of its jurisdiction.
page 339 note * Henceforth quotations are taken from the English version of the Convention agreed at a meeting in Brussels on 9 January 1973. It is not an authentic text.
page 339 note ** U.N. Treaty Series Vol. 286 p. 265
page 339 note *** U.N. Treaty Series Vol. 500 p. 3.
page 340 note * U.N. Treaty Series Vol. 658 p. 163.
page 342 note * The Dutch text, cited by the Court, reads: “ten aanzien van verbintenissen uit overeenkomst” (as regards obligations ex contractu).
page 342 note ** “For actions on establishment of the existence or non-existence of a contract, on its performance or rescission, as well as for damages for non-performance or incomplete performance, the court of the place where the obligation in issue is to be performed has jurisdiction”.