31It is for the national legislature, which has exclusive competence in this field, to define a place of performance which takes fairly into account both the interests of the sound administration of justice and the interests of adequate protection for individuals. It may well be that, in so far as national law allows, the national court will have to determine the place of performance by reference to the criteria suggested by the referring court — i.e. by identifying, by reference to the nature of the obligations undertaken and the circumstances of the case, the place where the thing or service contracted for was, or should have been, provided.
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