The parties argued about damage claims resulting from option business activities performed by the defendant. It was doubtful whether German courts were internationally competent.
The court first held that the place of the harmful event within the meaning of Art. 5 no. 3 Brussels I was the place where the action has been performed as well as the place where the harm arose. Further, in the present option business the plaintiff had been recruited for the option business and informed about the risks in Germany. The damaging activity has been carried out in Germany. Therefore the court assumed the international jurisdiction of German courts.
The judgment is in accordance with settled case law and therefore is correct.