Case number and/or case name
OLG Düsseldorf, 26.2.2014 – I-18 U 27/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Rome II
Article 14
Paragraph 1
SubParagraph a
Date of the judgement
25 February 2014
CJEU's case law cited by the court
Summary
The dispute concerned an accident within inland waterway transport in the Netherlands. The court had to assess whether the General Average and the average adjustment fell within the Rome II Regulation’s scope of application.
The issue came up with regard to the plaintiff’s declaratory claim that concerned the signing of an Average Bond. The court stated that the issue of the law applicable to the General Average was to be assessed under Art 11 (1) Rome II even though the General Average was governed by special regulations. It further held that there existed a non-contractual relationship between the parties. As the damage arose in the Netherlands, the court - by referring to Art 4 (1) Rome II – stated that Dutch law applied to the issue of the general average. The court alternatively referred to Art 11 (2) Rome II and to Art 14 (1) and stated that the parties had made an implied choice of law.