Electrosteel Europe SA v Edil Centro SpA Case C-87/10 [2011] ECR I-NYR

Sale of goods – Jurisdiction – Court of the place of performance of the contractual obligation – Place of delivery – ‘Delivered Ex-Works’ – Use of Incoterms

Ioanna Magklasi, LLM (Soton), PhD Candidate, University of Southampton

This was a judgment given by the Court of Justice of the European Union in response to a reference for preliminary ruling by the Tribunale di Vicenza, in a dispute arising out of an international purchase. As has been already elaborated in an article on the opinion of the Advocate General in the same case, published in STL April 2011, (Vol 11 (3)) pp3-4, the reference was made to obtain the correct interpretation of the expression ‘place of performance of the obligation in question’, found in the first indent of art 5(1)(b) of Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The first indent of art 5(1)(b) provides that, unless otherwise agreed, the place of performance of the obligation in the case of a sale of goods contract is the place in a member state where, under the contract, the goods were delivered or should have been delivered.