Case C‑88/17
Zurich Insurance plc and Metso Minerals Oy
v
Abnormal Load Services (International) Ltd
(Request for a preliminary ruling from the Korkein oikeus)
(Reference for a preliminary ruling — Cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Jurisdiction — Second indent of Article 5(1)(b) — Jurisdiction of the courts for the place of performance of the obligation — Place of provision of services — Contract for the carriage of goods between two Member States — Route consisting of several stages and involving a number of means of transport)
Summary — Judgment of the Court (Third Chamber), 11 July 2018
Judicial cooperation in civil matters—Jurisdiction and the enforcement of judgments in civil and commercial matters—Regulation No 44/2001—Special jurisdiction—Court for the place of performance of the obligation in question—Contract for the provision of services—Several places at which services are provided in different Member States—Jurisdiction of the courts for the place of the main provision of services
(Council Regulation No 44/2001, Art. 5(1)(b), second indent)
Judicial cooperation in civil matters—Jurisdiction and the enforcement of judgments in civil and commercial matters—Regulation No 44/2001—Special jurisdiction—Court for the place of performance of the obligation in question—Contract for the provision of services—Carriage of goods in several stages between two Member States—Determination of the place where the transport services are provided—Place of dispatch and place of delivery of the goods—Included
(Council Regulation No 44/2001, Art. 5(1)(b), second indent)
See the text of the decision.
(see para. 16)
The second indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, in the context of a contract for the carriage of goods between Member States in several stages, with stops, and by a number of means of transport, such as that at issue in the main proceedings, both the place of dispatch and the place of delivery of the goods constitute places where transport services are provided, for the purposes of that provision.
(see para. 25, operative part)