Case number and/or case name
LG Detmold, 30.9.2003 – 8 O 189/02
Details of the court
Germany, First Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Article 28
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
29 September 2003
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 court of second instance ordered an examination of Art. 28 Brussels I.
The court held that the claims are related in the sense of Art. 28 I. They are related if there is a risk of contradictory judgements. This is often the case of the proceedings involve the same facts. The proceedings involved the same contractual relationship. The Swedish court is also the court first seised. The court stayed the proceedings according to Art. 28 Brussels I.
The judgement is correct.