EUPillar LG Kleve, 1.10.2013

Summary

It was doubtful whether German courts had the international jurisdiction. The parties had concluded a delivery contract concluding general terms and conditions that stated Rotterdam (NL) as place of performance within the meaning of Art. 5 Brussels I. The court examined whether this clause has become part of the contract and held that it was decisive whether there has been a correct integration according to lex causae. In the contract there has also been a choice of law in favour of Dutch law so the court examined this question according to Dutch law. It is doubtful whether the inclusion of the general terms and conditions fell under the requirements of the lex causae. In German scientific literature it is disputed whether in such cases the inclusion has to be examined according to the substantive law that exists between the parties. In that case, however, the parties hadn’t excluded the UN sales law. Some argue that the inclusion therefore has to meet the requirements of these rules. In that case it wouldn’t have made a difference but the court should have considered other opinions on the inclusion of the general terms in the specific constellation. The court denied the international jurisdiction of German courts under Art 5 Brussels I.