Case number and/or case name
OLG Dresden, 10.2.2003 – 8 U 1974/02
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 15
Paragraph 1
SubParagraph c
Date of the judgement
09 February 2003
CJEU's case law cited by the court
Summary
The plaintiff is a German resident and citizen. The defendant is a shipping company located in the Netherlands. The plaintiff received a catalogue advertising health products. Moreover, there was a prize notification attached to the catalogue. The plaintiff ordered several products and demanded payment of the prize. The defendant rejected.
The plaintiff sues for payment.
The court accepted the international jurisdiction of the German courts according to Art. 15 Brussels I. This finding was confirmed by the German Federal Court of Justice und the CJEU. Therefore, the court did not consider a preliminary ruling since the law is clear on this point.
The court correctly engaged with the relevant case law on this issue. Therefore, the judgement is correct