PIL instrument(s)

Case number and/or case name

LG Mosbach, 16.12.2003 – 2 O 145/03

Details of the court

Germany, First Instance

Articles referred to by the court

Date of the judgement

15 December 2003

Appeal history

CJEU's case law cited by the court

Summary

The plaintiff is a German resident and citizen. The defendant is a mail order company from Austria. The defendant sent a prize notification letter to the plaintiff. The plaintiff, then, ordered goods from the defendant and sent back his prize notification demanding payment of the prize. The defendant refused. The plaintiff now sues for payment. The court upheld the action. The international jurisdiction is granted pursuant to Artt. 15 (1), 16 (1) or Art. 5 nr. 3. Since the plaintiff ordered goods and this is related to the prize notification, the parties had a contract in the sense of Art. 15 (1) Brussels I. In addition, the courts are competent pursuant to Art. 5 nr. 3 since a prize notification constitutes a tort under the regulation. The court correctly stated that the prize notification fell under the scope of application of Art. 15 (1)(c) Brussels I as the plaintiff had made an order together with the return of the notification.