Keywords
Summary

Keywords

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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - SPECIAL JURISDICTION - COURT OF THE PLACE OF PERFORMANCE OF A CONTRACTUAL OBLIGATION - RELEVANT OBLIGATION FOR PURPOSES OF DETERMINING JURISDICTION - ACTION FOR RECOVERY OF ARCHITECT' S FEES

( CONVENTION OF 27 SEPTEMBER 1968, ART . 5 ( 1 )*)

Summary

WHEREAS IN THE CASE OF AN ACTION BASED ON AN OBLIGATION UNDER A CONTRACT OF EMPLOYMENT OR ANOTHER CONTRACT WITH THE SAME PARTICULARITIES FOR WORK OTHER THAN ON A SELF-EMPLOYED BASIS THE RELEVANT OBLIGATION FOR THE PURPOSE OF DETERMINING THE PLACE OF PERFORMANCE WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 IS THE OBLIGATION WHICH CHARACTERIZES THAT CONTRACT, THE POSITION IS DIFFERENT WHERE NO SUCH PARTICULARITIES EXIST, AS IN THE CASE OF MOST CONTRACTS, WHERE THE GENERAL RULE APPLIES THAT THE RELEVANT OBLIGATION IS THAT ON WHICH THE PLAINTIFF' S ACTION IS BASED . IN A DISPUTE CONCERNING PROCEEDINGS FOR THE RECOVERY OF FEES COMMENCED BY AN ARCHITECT COMMISSIONED TO DRAW UP PLANS FOR THE BUILDING OF HOUSES, THEREFORE, THE OBLIGATION TO BE TAKEN INTO CONSIDERATION IS THE CONTRACTUAL OBLIGATION WHICH FORMS THE ACTUAL BASIS OF THE LEGAL PROCEEDINGS .