Case number and/or case name
OLG Frankfurt/Main, 29.6.2006 – 12 U 195/05
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 28
Paragraph 1
Paragraph 2
Paragraph 3
Article 33
Paragraph 1
Paragraph 2
Paragraph 3
Article 66
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Date of the judgement
28 June 2006
CJEU's case law cited by the court
Summary
The parties argued about claims from a commercial agent contract. The proceedings before the German court were initiated in 2005. Before, there has been another proceeding before an Italian Court in 2001. The court had to examine whether the requirements of Art. 27 Brussels I were fulfilled.
The court held that in order to assume the legal effect of Art. 27 Brussels I it was sufficient that only one of the proceedings has been initiated after the entry in force of the Brussels I Regulation. It wasn’t relevant that one court proceeding has been instituted during the validity of the precedent Regulation.
The judgment stays in accordance with the specifications given by the CJEU in C-163/95. It therefore can be considered correct.