The plaintiff brought an action for damages concerning stock exchange options. The court had to consider the international jurisdiction of German courts. The lower instance courts assumed their international jurisdiction.
The court held that the plaintiff’s claim for damages regarding pecuniary loss caused by a third person presumably having negotiated stock exchanges with specific date that didn’t have any chance to bring profit fell within the meaning of the term ‘matter relating to tort’ in Art. 5 no. 3 Brussels I. Furthermore, the court found that the international jurisdiction of German courts was given under the scope of Art. 5 no.3 Brussels I if the claimed pecuniary loss had shown off in the bank account of a German credit institute.
The judgment is in accordance with the guidelines given by the CJEU regarding the scope of application of Art. 5 no.3 Brussels I and therefore can be considered correct.