Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The ECJ on the place of performance of a contract for the provision of software under the second indent of Article 7(1)(b) of Regulation No 1215/2012
28 November 2024
The Court of Justice of the European Union, by judgment ECLI:EU:C:2024:985, dated 28 November 2024, in Case C-526/23 – in proceedings between VariusSystems digital solutions GmbH, established in Austria, and GR, owner of the undertaking B & G, which has its registered office in Germany, concerning a claim for payment of fees for the development and operation of software submitted by VariusSystems – ruled that the second indent of Article 7(1)(b) of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that the ‘place of performance’ of a contract for the development and ongoing operation of software designed to meet the needs of a customer established in a Member State other than that in which the company that created, designed and programmed that software is established is the place where that customer accesses the software, that is to say, consults and uses it.
The text is available here