Case number and/or case name
LG Kleve, 17.2.2012 – 5 S 128/11
Details of the court
Germany, First Instance
Articles referred to by the court
Date of the judgement
16 February 2012
CJEU's case law cited by the court
Summary
The parties argued about damage claims from a traffic accident. The dispute was governed by German law (Art 4 (2) Rome II-Regulation).
The court held that the question of fault was to be determined according to the traffic law of the place of the accident. This was valid even given the fact that both persons involved in the accident were habitually resident in Germany.