PIL instrument(s)

Case number and/or case name

BGH, 15.5.2014 – III ZR 255/12

Details of the court

Germany, Third Instance

Articles referred to by the court

Date of the judgement

14 May 2014

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about payment claims from an agency contract. The contract between the parties concerned the defendant’s agency activities in Spain that should result in the purchasing of a property by the claimant. After the defendant had gotten into financial difficulties concerning the construction of the holiday houses, the claimant had granted power of attorney to the defendant in order to represent their financial interests. The claimant asserted that within the usage of this power by the defendant he had suffered a financial loss. It was doubtful whether German courts were internationally competent. The court examined whether German courts were internationally competent pursuant to Art. 15 (1) (c) second alternative, 16 (1) second alternative Brussels I. It decided to make a preliminary reference to the CJEU concerning the question: Can the consumer bring an action pursuant to Art. 15 (1) (c) second alternative, 16 (1) second alternative Brussels I before the courts of his home State against the professional carrying out his activities in another Member State, if the contract being cause to the action doesn’t fall within the activity of the professional but if this contract serves to realize a financial success that is being pursued by another contract concluded between the parties which does fall within the scope of application of the above mentioned rules?