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Exploring Jurisdiction in Distribution Contracts Regulation

Delve into the intricate world of jurisdiction in distribution contracts, exploring the roles of distributors and suppliers in legal services. Learn about relevant court decisions and practical advantages for out-of-court settlements. Gain insights from cases in Austria and Germany regarding agency and franchise agreements.

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Exploring Jurisdiction in Distribution Contracts Regulation

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  1. Litigation StrategiesWhat happens when there is no choice of forumGustav BreiterIDI-conference Torino 2008

  2. - Jurisdiction clause: exclusive jurisdiction (art 23 EC-regulation 44/2001) - If there is no clause: art 5 regulation 44/2001 applies Party which supplies the service: place of jurisdiction Who supplies the service in the legal sense?

  3. Agency contracts: The place of the agent´s service is relevant Sales activity is the supplied service practical advantages, supporting also out-of-court settlements

  4. Distribution contracts (I): Distributor has to promote business, build up the market, maintain after-sale-service etc. Supplier delivers the goods In my opinion: place of the distributor´s activity is relevant, he is the party rendering the service

  5. Distribution contracts (II): Relevant jurisdiction: Austrian Supreme Court (February 17, 2005 – 6 Ob 148/04i): broker may claim before Austrian courts under art 5 No jurisdiction of the Supreme Court on distribution until now Germany: Oberlandesgericht Köln (January 12, 2007 – 19 U 11/07): art 5 applies for agents and distributors Other countries: unclear situation acc. to IDI-reports

  6. Franchise: Franchisee does the sales activity, support by the franchisor should not be “service” in the legal sense No Austrian jurisdiction German literature referring to art 50 EC: wide definition: “service rendered by undertakings against payment”

  7. Thank you very much for your attention! Office Mödling Bahnhofsplatz 1/I/5 A-2340 Mödling Tel +43 2236 22 050 Fax +43 2236 49 239 Office Vienna Jasomirgottstrasse 6 A-1010 Wien Tel +43 1 535 24 53 Fax +43 1 535 28 10 www.vbsn.at office@vbsn.at

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