Medway Packaging Ltd. v. Meurer Maschinen G.m.b.H. & Co. - Court of Appeal (Fox, Parker and Ralph Gibson L.JJ.) - 3 May 1990

Civil Jurisdiction Convention - English plaintiff and German defendant - Proceedings brought in England for breach of contract - Meaning of “place of performance of obligation” within meaning of Article 5(1)

The plaintiffs, an English company, entered into an exclusive distribution agreement with the defendants, a company in the Federal Republic of Germany. The plaintiffs alleged that the defendants were in repudiatory breach of that agreement by giving insufficient notice of termination of the agreement, and by authorising another English company to act as distributors of the defendants’ machines in the United Kingdom. The plaintiffs accepted the alleged breaches as terminating the agreement.