PIL instrument(s)

Case number and/or case name

BGH, 13.7.2010 - XI ZR 28/09

Details of the court

Germany, Third Instance

Articles referred to by the court

Date of the judgement

12 July 2010

Appeal history

CJEU's case law cited by the court

Summary

The defendant is a British broker company which helped a German time bargain broker to intentionally damage the plaintiff in an unethical way. The plaintiff brought a claim for damages due to losses in time bargains and option business. The previous instance stated the international jurisdiction in favour of German Courts. The international jurisdiction depends on the interpretation of 'matters relating to tort, delict or quasi-delict' and 'the place where the harmful event occurred or may occur' in Art. 5 no.3 Brussels I, in cases where the place where the harmful event and the place where the harm arose are not identical. The court answers this question by interpreting Art. 5 no.3 restrictively. It states that the place where the harm arose lies in Germany. Therefore, German courts had international jurisdiction. The court’s judgment is in accordance with the jurisdiction of the CJEU cited in the decision.