PIL instrument(s)

Case number and/or case name

LG Dortmund, 18.6.2014 – 4 S 110/13

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

17 June 2014

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about damage claims resulting from a car accident in Belgium. The plaintiff claimed that German courts were internationally competent regarding both the action against the defendant no. 1 (the driver) and the defendant no. 2 (the driver’s insurance company). The court had to examine whether German courts were internationally competent as regards defendant no. 1 pursuant to Art. 6 no. 1 Brussels I. The first instance court had denied its international jurisdiction. The court held that it wasn’t internationally competent regarding the defendant no. 1. A venue in Germany couldn’t be established by Art. 6 no. 1 Brussels I solely because the insurance company could be sued in Germany according to Art. 9 (1) (b), 11 (2) Brussels I. The judgment is correct. The wording of Art. 6 no. 1 Brussels I clearly states the requirement that one of the defendant is habitually resident in a Member State. This requirement isn’t given in the present case. The rules on special jurisdiction are to be interpreted restrictively. It therefore seems reasonable to not extend the Article’s scope of application to the present case.