PIL instrument(s)

Case number and/or case name

OLG Hamm, 1.2.2011 - I-4 U 196/10

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

31 January 2011

Appeal history

CJEU's case law cited by the court

Summary

Both parties operated online trading platforms for customer goods in Germany. The defendant expressly advertised his business with shipping to foreign countries and the German islands but gave no information about the corresponding shipping costs. According to the claimant, the defendant failed to give proper price quotes and thereby violated the law against unfair competition (such as the German UWG and the PAngV). The lower court (LG Bielefeld) dismissed the case because it denied an unfair behavior by the defendant. According to Art. 6 (1) Rome-II-Regulation, the law applicable to a non-contractual obligation arising out of an act of unfair competition shall be the law of the country where competitive relations are, or are likely to be, affected. The court therefore held that German law was applicable to the dispute. Contrary to the findings of the lower court, the distributor of goods must give detailed information about the shipping costs under German competition laws. As the defendant had failed to do so, the Court granted the claim.