Bibliografía (Artículo doctrinal) - Jurisdiction over sales contracts under the Brussels I regulation

Jurisdiction over sales contracts under the Brussels I regulation: the relevance of standard trade terms
Associate Professor Dr. Pietro Franzina, Dr. Alberto De Franceschi, Ferrara
Internationales Handelsrecht. Zeitschrift für das Recht des internationalen Warenkaufs und Warenvertriebs, 4/2012 (August 2012), S. 133– 176

In this paper, we argue that the Court’s reasoning in Electrosteel is not entirely convincing. Our remarks are twofold. On one side, we claim that the judgment fails to distinguish between two different functions that standard trade terms are in principle capable of performing in respect of the substantive (and jurisdictional) regulation of a contractual relationship. Trade terms, in fact, may either be incorporated into the contract by virtue of an agreement of the parties, or come into play on “objective” grounds so as to supplement the contractual terms and statutory provisions by which the contract is governed. On the other side, we contend that the Court’s judgment, by stating that standard trade terms are relevant to Article 5(1) provided that they are capable of “clearly identifying” the place of performance of the obligation in question, fails to give an appropriate account of the issues that may arise in connaction with those terms in transnational commercial litigation.

See Judgment of the Court of Justice of the European Union of 9 June 2011 in Case C‑87/10 (Electrosteel Europe) and previous post of 9 June 2011.