Case number and/or case name
OLG Koblenz, 9.12.2011 – 10 U 108/11
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
08 December 2011
CJEU's case law cited by the court
Summary
The dispute concerned an injunctive relief regarding a letter written by the defendant based in Spain which was addressed to the plaintiff, a German internet provider.
The court confirmed the first instance. It held that German courts had the international jurisdiction under Art 5 no 3 Brussels I as the loss in reputation would take place in Germany, therefore the place where the harm arose was Germany. The court further applied German law under Art 4 (1) Rome II. It stated that the letter has not been written in connection with contract negotiations. Therefore, Art 12 (1) Rome II could not be applied to the issue.