Since the publication of Regulation (EC) No 44/2001, the determination of “place of delivery” as set out under article 5-1 b), which sets territorial competence for all disputes arising from sales contracts, has raised multiple questions and uncertainties, particularly as a result of differing interpretations of courts of the Member States. The ECJ, which has entered a number of preliminary rulings on the subject, has submitted some answers, which however have not, to date, fully achieved the essential objective of the Regulation, which is the “high degree of predictability” of the rules governing territorial competence. The present article sets out to examine the different approaches the courts of the Member States and the doctrine may have had, as well as the answers brought by the ECJ, so as to give an overview of the current state of this problem, essential for the processing of numerous litigations generated by international sale of goods contracts.
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