PIL instrument(s)

Case number and/or case name

OLG Bamberg, 8.11.2006 – 3 U 22/06

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

07 November 2006

Appeal history

CJEU's case law cited by the court

Summary

The plaintiff claimed for payment from a promise of financial benefit that had been made to him by the defendant. The courts had to examine the international jurisdiction. The court held that the plaintiff was allowed to bring an action before German courts pursuant to Art. 15 (1) (c), 16 (1) Brussels I. It stated that promises of financial benefit made to consumers fell within the scope of application of Art. 15 Brussels I if the professional had made a clear promise to the consumer. Further, if the consumer from an objective point of view could reasonably assume that he was going to gain a certain amount the requirements of Art. 15, 16 Brussels I were fulfilled. The decision is in accordance with the CJEU jurisdiction in C-180/06 (Ilsinger) where the Court has stated that it was relevant how the consumer could understand the offer made by the professional.