Case number and/or case name
OLG Köln, 21.12.2005 – 16 U 47/05
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Article 23
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Article 60
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Date of the judgement
20 December 2005
CJEU's case law cited by the court
Summary
The plaintiff brought an action for the payment of the purchase price. The plaintiff’s general terms and conditions contained a forum clause in favour of German courts. The first instance court stated that it wasn’t internationally competent.
The Higher Regional Court affirmed the first instance court’s judgment and denied the international jurisdiction of German courts. It stated that an agreement on the place of performance couldn’t have legal effect if it solely consisted in a reference to legal rules. In the present case this agreement further wasn’t made in accordance with the formal requirements of Art. 23 Brussels I.
The judgment is correct. It is required that there is a direct connection between the litigation and the court. This is doubtful in case of agreements on the place of performance that solely consist in a reference to legal rules.