Case number and/or case name
LG Berlin, 29.9.2004 – 26 O 530/02
Details of the court
Germany, First Instance
Articles referred to by the court
Brussels I
Article 23
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Article 66
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Date of the judgement
28 September 2004
CJEU's case law cited by the court
Summary
The parties argued about damage and repayment claims regarding a binding agreement to conclude a contract on the purchase of a property. In the preliminary agreement the parties had agreed on a jurisdiction clause stating the international jurisdiction of Portuguese courts.
The court denied the international jurisdiction of German courts. It held that even if the binding agreement to conclude a contract was void because of formal deficiencies the jurisdiction clause within that agreement could still have legal effect.
The judgment is in accordance with the directives established by the CJEU in C-269/95 and therefore is correct.