Question juridique clé
Whether Geneva courts had jurisdiction under the Lugano Convention based on the plaintiff's domicile and the place of performance of the contractual obligation.
Solution extraite
Geneva courts lacked jurisdiction because the plaintiff was domiciled in France, not in Geneva, and the decisive domicile for Article 5(1) CL was therefore abroad.
Motifs extraits
Under Articles 2 and 5(1) CL, jurisdiction follows the defendant's domicile unless a special head applies. For determining domicile under Article 52(1) CL, Swiss international private law applies. The canton court rightly weighed the objective residence factors more heavily than administrative and social ties, since the plaintiff actually used a real dwelling in France and had none in Geneva.