Law
Hannes Wais
Der Europäische Erfüllungsgerichtsstand für Dienstleistungsverträge
Zur Auslegung des Art. 5 Nr. 1 lit. b 2. Spiegelstrich EuGVO
[The European Place of Performance Jurisdiction for Service Contracts. The Interpretation of Article 5 No. 1 Lit. b 2 Indent.]
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sewn paper
ISBN 978-3-16-152699-2
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Published in German.
Article 5 No. 1 is one of the most important provisions of the Brussels I Regulation. In his work, the author examines the special provision for place of performance jurisdiction for service contracts in Article 5 No. 1 lit. b 2. Indent Brussels I Regulation. On the basis of the characteristics of cross-border dispute resolution, the author develops a core thesis, which then serves as a standard of review, and also a guideline, for the interpretation of the provision. The provision is examined in detail, in particular with regard to its substantive scope and the method of its application. The established approaches to the known problems of the provision are critically evaluated and new solutions are presented. In addition, the author identifies problems which have not been previously discussed and points out possible solutions.