Case number and/or case name
LAG Rheinland-Pfalz, 25.1.2008 – 9 Sa 604/07
Summary
The parties argued on the defendant’s obligation to pay damages and on the international jurisdiction of German courts. Before the initiation of the proceedings before German courts there have been instituted legal proceedings before a Dutch court that had dismissed the action per judgment regarding questions of procedure only.
The court held that the principle of res judicata didn’t apply when the prior foreign judgment solely concerned questions of procedure. Recognition within the meaning of Art. 33 et seq. Brussels I didn’t include procedural judgments even if they had res iudicata effect in the foreign country. Further, the term ‘the same cause of action’ within the meaning of Art. 27 Brussels I had to be interpreted extensively and solely referred to actions that had the same basis, concerned the same facts, pursued the same objective and in core contained an identical subject matter.
Regarding the focus on the substantive core of two actions, the judgment is in accordance with settled case law and therefore is correct.
The restriction regarding procedural judgments can’t be considered correct. The Schlosser report clearly states (no. 191) that judgments regarding solely procedural aspects are ‘judgments’ within the meaning of Art. 31 et seq. Brussels I, too.