The two Italian companies, however, argued that the Commercial Court did not have jurisdiction to hear the case, on the grounds that the sellers were not required to deliver the goods, given the use of the International Commercial term (Incoterm) “ex works” on the delivery order. Under Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (hereinafter Brussels 1 Regulation), article 5, paragraph 1 (b), therefore, the competent courts should be those in the place where the Italian companies were based, given that the goods had to be collected rather than delivered, and not those of the headquarters of the French company. The Italian companies therefore argued that the Auxerre Commercial Court did not have jurisdiction to try the case.