Case number and/or case name
LG Saarbrücken, 11.5.2015 – 13 S 21/15
Details of the court
Germany, First Instance
Articles referred to by the court
Date of the judgement
10 May 2015
CJEU's case law cited by the court
Summary
The parties argued about damage claims resulting from a traffic accident. The claims were to be assessed under French law as the law of the place where the accident occurred.
The court applied Art 4 (1), 18 Rome II Regulation. In order to assess the issue of the fault, the court applied the prima facie evidence (Anscheinsbeweis). The court stated that its applicability was to be determined according to the procedural law of the court being charged with the dispute. The substantial law governing the claims (lex causae) however was not decisive in this regard. The court justified this application by stating that the rule was of procedural character and concerned matters of evidence.