Case number and/or case name
LG Oldenburg, 11.6.2014 – 5 O 908/14
Details of the court
Germany, First Instance
Articles referred to by the court
Date of the judgement
10 June 2014
CJEU's case law cited by the court
Summary
The parties argued about the defendant’s general terms and conditions. The plaintiff claimed for a declaratory judgment stating that the general terms and conditions violated German law on unfair competition (UWG). The plaintiff is an association concerned with ensuring consumer rights. The defendant is a company based in Germany running internet shops.
The disputed passages within the general terms and conditions stated: “The contract’s conditions are governed by German law.” And: “Place of performance: German law applies.”.
The court held that the wording could possibly lead to the understanding that even mandatory law valid in the consumer’s home state was excluded. The clauses – according to the court – gave a false impression to the consumer as regards the rights he could possibly exercise pursuant to Art 6 (2) Rome I.
Therefore, the court stated a violation of the German law on unfair competition.