PIL instrument(s)
Brussels I
Case number and/or case name
OLG Brandenburg, 13.9.2006 – 12 W 35/06
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 3
Paragraph 1
Article 5
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b Indent 1
Paragraph 1 SubParagraph b Indent 2
Paragraph 1 SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7 SubParagraph a
Paragraph 7 SubParagraph b
Article 8
Article 9
Paragraph 1 SubParagraph b
Article 11
Paragraph 2
Date of the judgement
12 September 2006
Appeal history
CJEU's case law cited by the court
None
Summary
The parties argued about damage claims. It was doubtful if German courts were internationally competent to rule the application for legal aid regarding these claims. The Regional Court has denied the international jurisdiction of German courts. The Higher Regional Court affirmed it. It stated that the injured person can bring an action against a Czech insurer at his domicile in Germany pursuant to Art. 11 (2), 9 (1) (b) Brussels I. It was however not possible to prosecute the Czech owner of the car that has been involved in the accident before German courts. Given the CJEU jurisdiction in C-463/06 (Odenbreit) the judgment is correct.

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