Case number and/or case name
OLG Frankfurt/Main, 1.8.2007 – 7 U 146/06
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 15
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Article 22
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
31 July 2007
CJEU's case law cited by the court
Summary
The plaintiff brought an action for repayment from a contract regarding the rent of a holiday home in France. The defendants are domiciled in France. The defendants had let the holiday home to the plaintiff but he had refused to move in because the house didn’t as it had been described.
The first instance court assumed the international jurisdiction of German courts. The second instance court contested this decision and denied the international jurisdiction of German courts. The court held that Art. 22 no. 1 Brussels I applied to disputes concerning holiday homes if the private holiday home was being rent without further services that could change the character of the contract. Further, the jurisdiction of Art. 22 no. 1 Brussels I also extended to claims for reimbursement of the rent.
Art. 22 no. 1 Brussels I in general doesn’t apply to contracts regarding holiday homes if there are further services. In the present case the contract solely concerned the rent of the holiday home. Therefore the decision is correct.