Case number and/or case name
BGH, 19.3.2015 – I ZR 94/13
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
18 March 2015
CJEU's case law cited by the court
Summary
The plaintiff ran a hotel in Berlin. He brought an action for an injunction against the defendant who ran a hotel rating website. The dispute concerned statements on this website that allegedly were anti-competitive.
The court stated the international jurisdiction of German courts under Art 5 no 3 Lugano Convention as the defendant was based in Switzerland.
It applied Art 4 (1), 6 (1), (2) Rome II and stated that German law applied to the case. The court found that the statements would harm the reputation of the claimant and his business in Germany. Therefore, German law on unfair competition (UWG) applied to the case.