PIL instrument(s)

Case number and/or case name

OLG Hamm, 25.7.2003 – 19 W 11/03

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

24 July 2003

Appeal history

CJEU's case law cited by the court

Summary

The plaintiff delivered a rolling machine to the defendant. The defendant sued the plaintiff for damages in front of a Swedish court. The plaintiff sues for the outstanding purchase price. The court of first instance stayed its proceedings. The plaintiff appeals against this decision. The court of appeal states that the court of first instance was wrong in its decision since the action in Sweden does not involve the same cause of action. The parties do not argue about the same points in both proceedings although the claims may be related. A payment claim and a damages claim are not per se contradictory. The judgement is in line with the cited CJEU case law