Judgment of the Court; 17 June 1992; Jakob Handte & Co. GmbH v Traitements Mécano-chimiques des Surfaces SA; in Case C-26/91

Article 5(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters is to be understood as meaning that it does not apply to an action between a sub-buyer of goods and the manufacturer, who is not the seller, relating to defects in those goods or to their unsuitability for their intended purpose.