PIL instrument(s)

Case number and/or case name

OLG Karlsruhe, 12.6.2008 – 19 U 5/08

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

11 June 2008

Appeal history

CJEU's case law cited by the court

Summary

The parties argued on the international jurisdiction of German courts. The defendant had ordered products from the plaintiff that were delivered to the defendant’s seat in Austria. The Regional Court affirmed the international jurisdiction of German courts. The Higher Regional court denied the international jurisdiction of German courts. It held that a ‘sale of goods’ within the meaning of Art. 5 Brussels I was given if a contractor produced the main part of the material by himself. Further, the place where the goods were delivered within the meaning of Art. 5 Brussels I was the place where the goods were actually delivered to. In the present case the main focus of the contract lied on the delivery and handing over of the product. The aspects of producing were however of small importance to the parties. In this regard the decision is correct. But the court defined Art. 5 no.1 (b) Brussels I by mentioning the wording of Art. 3 of the Contract for the International Sale of Goods (CISG). It is doubtful whether this rule can be applied within the interpretation of European PIL.