ECJ 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.
Citations:
R-266/85, [1987] EUECJ R-266/85, [1987] ECR 239, [1987] 3 CMLR 782
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Cited – Union Transport Plc v Continental Lines Sa and Another HL 15-Jan-1992
Two obligations in a charterparty which had not been fulfilled, namely the obligation to nominate a vessel, to be the subject matter thereof, and the obligation to provide it.
Held: The former was the principal obligation. Lord Goff said: . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 21 June 2022; Ref: scu.215478