PIL instrument(s)
Brussels I
Case number and/or case name
BGH, 14.12.2006 – I ZR 11/04
Details of the court
Germany, Third Instance
Articles referred to by the court
Brussels I
Article 2
Paragraph 1
Paragraph 2
Article 5
Paragraph 3
Article 6
Paragraph 1
Article 60
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 1 SubParagraph c
Date of the judgement
13 December 2010
Appeal history
CJEU's case law cited by the court
Summary
The parties argued about the violation of trademarks. The lower instance courts have assumed the international jurisdiction of German courts; the Federal Court of Justice affirmed these decisions. It held that the venue of Art. 6 no. 1 Brussels I was given if several companies seated in different Member States were accused to have been acting together when violating a trademark. According to the court the companies were closely connected within the meaning of Art. 6 no. 1 Brussels I when they operated on several stages of the violation (here: reconditioning and distribution of components for brake systems of lorries). In the present case the companies were working together very closely so that it seems reasonable to assume that the claims are clearly connected. It was correct to assume the venue of Art. 6 no. 1 Brussels I.

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