Case number and/or case name
LG Neubrandenburg, 3.8.2005 – 10 O 74/04
Details of the court
Germany, First Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
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
Paragraph 1
SubParagraph c
Date of the judgement
02 August 2005
CJEU's case law cited by the court
Summary
The plaintiff claimed for a declaratory judgment stating that he wasn’t obligated to purchase certain fruits and vegetables and take delivery from the defendant. The defendant asserted that there was a contract between them stating a corresponding obligation of the plaintiff. The court had to examine its international jurisdiction.
It held that German courts were according to Art. 5 no. 1 (b) Brussels I internationally competent for the requested declaratory judgment because the goods were ought to be delivered to Germany. It was decisive where the place of performance would have been given the case of an action for performance.
The court decided correctly to refer to the place of the corresponding action for performance. This according to the rules of the CISG in the present case was Germany. The obligation of the purchaser to take delivery according to the contract was Germany. The judgment is correct.