PIL instrument(s)

Case number and/or case name

OLG Koblenz, 29.9.2005 – 5 U 131/05

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

28 September 2005

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about claims regarding losses in option business. The plaintiff brought an action against the American subsidiary of a German public limited company. It was doubtful whether German courts were internationally competent pursuant to Art. 15 (2) Brussels I. The court held that Art. 15 (2) Brussels I didn’t apply to the case that the German public limited company solely appeared to be a ‘branch, agency or other establishment’ within the meaning of the rule. The court stated that it was necessary that the subsidiary has caused the legal appearance in a way she can be made responsible for. The judgment isn’t correct. Art. 15 (2) Brussels I aims to establish a high level regarding consumer protection. In general it is difficult for the consumer to see through the structures of companies. In the present case the consumer wasn’t able to see that the American company solely was a subsidiary and was used by the German company for transacting of business. The German office appeared to be a branch of the American company. A further responsibility of the subsidiary can’t be required. The international jurisdiction of German courts therefore was given in the case.