Judgment of the Court ; 4 March 1982; Effer SpA v Hans-Joachim Kantner; in Case 38/81

THE PLAINTIFF MAY INVOKE THE JURISDICTION OF THE COURTS OF THE PLACE OF PERFORMANCE IN ACCORDANCE WITH ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS EVEN WHEN THE EXISTENCE OF THE CONTRACT ON WHICH THE CLAIM IS BASED IS IN DISPUTE BETWEEN THE PARTIES.