Case number and/or case name
LG Saarbrücken, 27.4.2012 – 5 S 68/12
Summary
The defendant buys and sells used cars in France. He runs a website where one can find his contact data such as a German mobile phone number. The plaintiff concluded a contract with the defendant in his salesroom in France after he had heard about the company from friends. He brought an action concerning warranty claims.
The court discussed the international jurisdiction and stayed the proceedings in order to obtain a preliminary ruling by the CJEU. The court firstly asked whether the term in Art. 15 (1) (c) Brussels ‘directs such activities to that Member State’ requires causality between the directing and the concluding of the contract. Secondly, the court raised the question if it was required that the contract has been concluded via distance selling.
The CJEU answered the preliminary question in 2013 in the case Emrek (C-218/12). According to the judgment a causality between the concluding of the contract and the directing by the professional wasn’t necessary. The requirement of causality would be contrary to the purpose of the consumer protection. Also, there could be difficulties for the consumer regarding the proof of causality. This could prevent consumers from bringing cases before the national courts. Concerning the second question the CJEU referred to the judgment Mühlleitner (CJEU, 6.9.2012 – C-190/11) where the Court had stated that the contract doesn’t have to be concluded via distance selling. Therefore the international jurisdiction was given in the present case.