Case number and/or case name
OLG Köln, 25.5.2012 – 19 U 159/11
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Article 23
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Date of the judgement
24 May 2015
CJEU's case law cited by the court
Summary
The parties argued on payment claims from delivery contracts. It was doubtful whether an agreement on jurisdiction that had been made by the parties was valid for the disputed claims.
The court held that a forum clause stated in a long term delivery contract was legally binding for following agreements between the parties if it was clear that there was an inner connection between the contracts.
In the present case the delivery contracts were part of a permanent delivery relation between the parties. It was reasonable to assume the validity for further directly connected contracts because the delivery contracts had established a long term delivery relation. The judgment is correct.