Case number and/or case name
LG Saarbrücken, 9.3.2012 – 13 S 51/11
Details of the court
Germany, First Instance
Articles referred to by the court
Date of the judgement
08 March 2012
CJEU's case law cited by the court
Summary
The parties argued about damage claims. The dispute was pursuant to Art 4 (1) Rome II-Regulation governed by French law. The court had to decide which law governed the question of the requirements for the assumption that a fact can be considered proven.
The court stated that this question was not assessed uniformly in German jurisdiction and scientific literature. Some argue that this question is governed by the lex causae, the prevailing opinion however applies the procedural rules of the lex fori. The court prefers the latter opinion and bases its decision on the nature of the rules on the standard of proof. Contrary to the rules on the burden of proof, the rules on the standard of proof were to be considered as rules belonging to procedural law. The court therefore applied § 286 ZPO (German Code of Procedural Law) to the case.