Cases

Question 1

Bier v Mines de potasse d’Alsace

Answer 1

Place where the damage occurred :

• Place where it actually occurred
• Place where the event that led to the damage occurred

Question 2

Colour Drack

Answer 2

If multiple obligations, the connecting factor should be the principle place of delivery

Question 3

Car Trim

Answer 3

Place of performance is the place where the transfer of goods occurred.

Provision of services can be considered a ‘sale of goods’ (Brussels I)

Question 4

Dumez v Helaba

Answer 4

Only direct victim can make the choice of jurisdiction

Question 5

De bloos v Bouyer

Answer 5

Place of disputed obligation is decisive in determining place of performance

Question 6

Marinari

Answer 6

Place where the damage occurred doesn’t mean any damage, only the principle one

Question 7

Feline Ficher

Answer 7

Brussels I/Rome II can not be used to determine that no tort occurred (no negative declaration)