Case number and/or case name
LG München I, 17.12.2014 – 37 O 8778/14
Details of the court
Germany, First Instance
Articles referred to by the court
Date of the judgement
16 December 2014
CJEU's case law cited by the court
Summary
The parties argued about the particular use of a photo made by the plaintiff, which he had not agreed on. The defendant had used the photo on his website, making it accessible to the public.
The court held that German courts had the international jurisdiction pursuant to Art 5 no 3 Brussels I. The website’s content could be – as intended – also seen from Germany. The content was directed towards German clients.
It further stated that German law applied to the case, Art 8 (1) Rome II Regulation. The protection of the intellectual property rights was claimed with regard to Germany. In accordance with the principle of lex loci protectionis German law was decisive for the legal issue.