Case number and/or case name
LG Saarbrücken, 25.6.2015 – 13 S 5/15
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
24 June 2015
CJEU's case law cited by the court
Summary
The parties argued about damage claims resulting from a traffic accident in Switzerland. The court stated that German courts had the international jrusidiction under Art 9, 11 Lugano Convention.
It stated that Swiss law applied to the case. The traffic accident had taken place in Switzerland; therefore Swiss law being the law of the place where the damage occurs pursuant to Art 4 (1) Rome II was decisive. The court further stated that the application of a first state’s substantive law was explicitly permitted by Art 3 Rome II Regulation.
It further held – referring to judgments of the Federal Court of Justice – that the prima facie evidence recognised in German law could be applied even given the fact that foreign substantive law governed the legal issue.