PIL instrument(s)

Case number and/or case name

LG Saarbrücken, 17.1.2014 – 5 S 68/12

Details of the court

Germany, First Instance

Articles referred to by the court

Date of the judgement

16 January 2014

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about damage claims from a delivery contract. It was doubtful whether German courts had international jurisdiction. The court had made a preliminary reference in 2012 and applied the guidelines stated by the CJEU to the national case. It held that Art. 15 (1) (c) Brussels I didn’t require a causality between the directing of the professional’s activities towards the consumer’s Member State and the conclusion of the contract. It further wasn’t necessary that the contract was concluded via distance selling. The court further held that a directing towards the consumer’s Member State was given when the professional on his website declared his activity as ‘import and export’ and provided the international prefix of his State and a German phone number. The court fully applied the guidelines of the CJEU jurisdiction to the present case. The judgment therefore is correct.