applied for judicial review. The Court of Cassation made no reference either to the United Nations Convention on Contracts for the International Sale of Goods or to the Incoterm “ex works” and merely noted that, according to the appeal judgement, the place of delivery of the goods under article 5, paragraph 1 (b), of the Brussels 1 Regulation was clear from a special provision of the sales contract between the parties, which specified the place of delivery as Avallon. It thus followed that the Auxerre Commercial Court was competent under article 5, paragraph 1 (b), of the Regulation. The Court of Cassation rejected the application against the judgement of the Paris Court of Appeal, which had rightly acknowledged the competence of the Auxerre Commercial Court.