The court of appeal had held that the Auxerre Commercial Court had jurisdiction to hear the case, on the grounds that the vendor had a duty of delivery distinct from that of making the goods available. The fact that the delivery order contained a reference not only to “ex works” but also to “delivery address” meant that the parties had intended to override the duty of delivery whereby the vendor was required simply to place the goods at the disposal of the buyer. The court of appeal had therefore concluded, on the basis of the reference to a delivery order, that the vendors had a duty of delivery in France.