EUPillar LG Dortmund, 14.5.2014

Summary

The claimants are handball clubs. The defendant is an umbrella organisation for handball that is able to prescribe - amongst other aspects - the regulations concerning the players’ participation in activities within the national team. The clubs attack a particular regulation. The court held that German courts were internationally competent pursuant to the Lugano Convention (Art 6 no 1). It stated that Art 4 (1) Rome II is being concretised by Art 6 (3) Rome II. The court applied Art 6 (3) (b) Rome II to the case. It stated that the rule extended to claims resulting from activities which harm the competition on the market such as claims under § 33 Abs. 1 und 3 GWB (German Code on Restrictions of Competition) which leads to damage and injunctive relief. The court further stated that the provision contained a principle according to which each particular result of the harmful activity was to be considered under the law of the country where they occurred. The focus on the affection of the market established by the provision – according to the court – led to the applicability of German law.