EUPillar LG Hamburg, 4.12.2015

Summary

The parties argued about the limited partnership share which had been paid by the claimant. The defendant was the company’s insolvency trustee. The plaintiff claimed that the prospect on the company’s activities (granting loans) in particular respects contained wrongful information. She requested a declaratory judgment stating her claim over a particular sum in the company’s insolvency proceedings. The court stated that the claims were to be considered under German law. This statement – according to the court – pertained to all aspects the action was based on. Regarding the claims resulting from the articles of association, the seat theory as well as the foundation theory lead to the applicability of German law as the company’s registered seat was in Germany and it has been founded there. As regards the precontractual obligations for information, the court held that German law applied to the claims under Art 12 (1) Rome II in connection with Art 3 (1) Rome I. The parties had agreed on the applicability of German law in the articles of association. Concerning claims resulting from delict, German law was to be applied pursuant to Art 4 (3) Rome II. The court referred to the contractual relationship between the claimant and the debtor, ie the company.