1. Litigation Strategies What happens when there is no choice of forum Gustav Breiter IDI-conference Torino 2008

2. -. Jurisdiction clause:
- 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
Fax
Office Vienna
Jasomirgottstrasse 6
A-1010 Wien
Tel
Fax