Case number and/or case name
LG Berlin, 28.8.2014 – 52 O 135/13
Details of the court
Germany, First Instance
Articles referred to by the court
Date of the judgement
27 August 2014
CJEU's case law cited by the court
Summary
The plaintiff is an association that seeks to ensure consumers’ interests. The defendant runs a website where she offers various services. The dispute concerned the defendant’s imprint where she referred – by using an automatic response –to contact her via a particular form after one has written an email to her. The defendant considered this as a violation of the German Law on Telemedia (TMG) as the defendant did not offer the proper possibility of contact via email.
The court applied Art 6 (1) Rome II by stating that the plaintiff claimed German consumers’ interests that were in danger to be affected by the defendant’s activities.