CORMAN-COLLINS SA V LA MAISON DU WHISKY SA

[2013] EUECJ Case C-9/12, Court of Justice of the European Union, Judgment of the Court (First Chamber), 19 December 2013

Conflicts of laws - Matters relating to contract - Place of performance - Concepts of "sale of goods" and "supply of services" - Legal nature of a distribution agreement - Whether an agreement for the supply of services - Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, articles 2, 5(1)(a) and (b)

This was a request for a preliminary ruling by a Belgian court in the context of a claim for compensation following the termination of a contract for the distribution of goods between the parties, one French and one Belgian company. The contract fell under a Belgian Act on Unilateral Termination of Exclusive Distribution Agreements of Indefinite Duration, which in its article 4 contained a law and jurisdiction provision designating Belgian courts. It was argued that this article fell foul of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ("the Regulation").