Case number and/or case name
OLG Hamburg, 6.11.2014 – 3 U 86/13
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
05 November 2014
CJEU's case law cited by the court
Summary
The parties argued about claims regarding competition law as well as patent law. The claimant is a foreign manufacturer of online multiplayer games. His action was brought with regard to the defendant selling software that generated automatic actions within the game – contrary to the general terms and conditions stated by the game provider. The court stated that concerning the patent claims, Art 8 (2) Rome II lead to the applicability of German law. As regards the claims brought with regard to a potential violation of competition law, the court stated that German law was decisive under Art 6 (1) Rome II. The interests of German consumers were likely to be adversely affected by the software. Further, the parties’ competition interests were affected within Germany.