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Document C2006/010/22

Case C-386/05: Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 28 September 2005 in Color Drack GmbH v Lexx International Vertriebs GmbH

OJ C 10, 14.1.2006, p. 11–12 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

14.1.2006   

EN

Official Journal of the European Union

C 10/11

Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 28 September 2005 in Color Drack GmbH v Lexx International Vertriebs GmbH

(Case C-386/05)

(2006/C 10/22)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Oberster Gerichtshof (Austria) of 28 September 2005, received at the Court Registry on 24 October 2005, for a preliminary ruling in the proceedings between Color Drack GmbH and Lexx International Vertriebs GmbH on the following question:

Is 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 (OJ 2001 L 12, p. 1) to be interpreted as meaning that a seller of goods domiciled in one Member State who, as agreed, has delivered the goods to the purchaser, domiciled in another Member State, at various places within that other Member State, can be sued by the purchaser regarding a claim under the contract relating to all the (part) deliveries — if need be, at the plaintiff's choice — before the court of one of those places (of performance)?

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