PIL instrument(s)

Case number and/or case name

LG München I, 18.4.2013 – 10 O 6084/12

Details of the court

Germany, First Instance

Articles referred to by the court

Date of the judgement

17 April 2013

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about claims arising from actions performed by the claimant without due authority in connection with the affairs of the defendant. The claimant was a commercial heir locator. It was doubtful which law governed the dispute. The court held that the search and finding of heirs performed by the claimant without the prior consent of the defendant fell within the meaning of Art. 11 Rome II Regulation (negotiorum gestio). The court further stated that an action performed without due authority was in view of Art 11 (1) Rome II not governed by the law applicable to a hypothetical consumer contract if the principal was a consumer. The judgment is correct. It is unanimously accepted that actions like the one performed by the claimant fall within the terminus of negotiorum gestio in Art. 11 Rome II. Further, the wording of Art 11 (1) Rome II clearly requires an existing contractual relation between the parties. Hypothetical relations cannot be considered sufficient.