PIL instrument(s)

Case number and/or case name

OLG Stuttgart, 23.12.2003 – 3 U 147/03

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

22 December 2003

Appeal history

CJEU's case law cited by the court

Summary

The plaintiff is an insolvency administrator of a German freight company operating ships between Asia and Europe. The defendant is an Austrian company. The sister company of the defendant ordered containers on the ships of the plaintiff. After loading the containers the parties signed “bills of lading” and “waybills”. On the back of the “waybills” there was a jurisdiction agreement in favor of German courts. The court of first instance accepted its jurisdiction . The defendant appeals against this decision. The court of appeal declined its international jurisdiction. The jurisdiction agreement was not concluded between the plaintiff and the defendant but only with its sister company. Since the defendant did not receive a bill of lading, it did not become legal successor of its sister company and, therefore, it is not bound by the jurisdiction agreement which the sister company concluded with the plaintiff. Moreover, the plaintiff was not able to proof a usage that is widely known in international sea trade according to Art. 23 (1)(c). Hence, there is no valid jurisdiction agreement in favor of the German courts between the parties. The judgement is correct.