PIL instrument(s)

Case number and/or case name

AG München, 05.12.2012 - 322 C 20245/12

Details of the court

Germany, First Instance

Articles referred to by the court

Date of the judgement

04 December 2012

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about damages arisen from a traffic accident in Italy. The claimant, a German citizen, claims for recovery against the defendant, the injuring party’s insurer. The question of fault was uncontended. However, the parties argued about whether or not the decrease in market value of the claimants’ car must be considered as recoverable loss under Italian tort law. According to Art. 4 (1) Rome-II-Regulation, the law applicable to a non-contractual obligation arising out of tort shall be the law of the country in which the damage occurs, if the parties don’t have their habitual residence in the same country (Art. 4 (2)) or if there is no closer connection to the law of another country (Art. 4 (3)). As there was no closer connection, the Court applied Italian law. Pursuant to the prevailing opinion in Italy, the decrease in market value (=deprezzamento commerciale) is part of the recoverable loss, but the claimant failed to prove the legal requirements. Therefore, the Court dismissed the case.