PIL instrument(s)

Case number and/or case name

OLG Stuttgart, 24.11.2003 – 5 U 64/03

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

23 November 2003

Appeal history

CJEU's case law cited by the court

Summary

The plaintiff is a German company. The defendant is a company seated in Belgium. The defendant ordered 42 motors from the plaintiff, however only nine motors were delivered. The defendant filed a claim for intervention before Belgian courts. After that, the plaintiff claimed damages before the German courts. The court of first instance granted these damages. The court stated that it could be competent pursuant to Art, 5 no. 1 (a) or Art 23 Brussels I. However, it first has to deal with Art. 27 Brussels I. The Belgian courts are per so competent according to Art. 6 no. 2 Brussels I. It was also the court first seised in the meaning of Art. 27. They also involved the same cause of action und the same parties. Both claims involve the validity of the delivery contract of 33 motors. Therefore, the court stayed its proceedings according to Art. 27 Brussels I. The court engaged with all of the relevant aspects of Art. 27 Brussels I, thereby considering all the relevant arguments brought forward by the parties of the dispute.