The plaintiff brought an action for an injunction. The parties are competitors in selling sweets and coffee. The action con-cerned an alleged infringement of the law of general terms and conditions and the law of consumer protection by their general terms and conditions. The plaintiff considered the defendant’s general terms and conditions as an infringement of § 4 no. 11 UWG (German law of unfair competition). He claimed that the general terms and conditions violated Art. 6 Rome I.
The court had to consider whether Art. 6 Rome I is a ‘rule regulating the activities on the market’ (Marktverhaltensregel) within the meaning of the German law of unfair competition, § 4 no. 11 UWG. The court held that Art. 6 Rome I wasn’t a ‘rule regulating the activities on the market’ within the meaning of the German law of unfair competition. The rules in the Rome I Regulation didn’t aim to regulate the market activities.
The purpose of the Rome I Regulation is to determine the applicable law in international cases within the regulation’s scope of application. There can’t be seen any purpose con-cerning the regulation of market activities. Therefore, the judgment is correct.