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| Abstract |
| Date: |
05.12.1995 |
| Country: |
Germany |
| Number: |
6 O 135/94 |
| Court: |
Landgericht Siegen |
| Parties: |
Unknown |
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A German seller and a Belgian buyer concluded a contract for delivery of engines. After delivery the buyer refused to pay the purchase price. The seller commenced an action claiming payment of the price as well as interest. The buyer rejected the claim alleging that the German Court had no jurisdiction to hear the case.
The Court applied Art. 5(1) of the EC Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (Brussels 1968) which states that a person domiciled in a Contracting State (in the case at hand: the buyer) may be sued in the Court for the place of performance of the obligation in question (in the case at hand: payment of price). The Court applied German international private law rules and held that German law and as such CISG was the applicable law for determining the place of payment of the price. In accordance with Art. 57(1)(a) CISG the Court held that the price must be paid at the place of business of the seller (Germany). Therefore the Court affirmed its jurisdiction. |