Case number and/or case name
OLG Köln, 04.09.2015 – 6 U 61/15
Details of the court
Germany, Second Instance
Articles referred to by the court
Rome I
Article 5
Paragraph 2
SubParagraph d
Date of the judgement
03 September 2015
CJEU's case law cited by the court
Summary
The plaintiff (consumer) claims the indicated currency (British pound) of the pricing of a flight operated by an airline (defendant) from Great Britain to Germany on an online flight booking system. There is no duty of the contractor to set the price in the consumers’ currency. The law applicable to the contract of carriage is German law according to Art. 5 (2) sentence 1. Germany is the country where the passenger has his habitual residence. The court points out that a choice of law in favor of British law would have been possible according to Art. 5 (2) sentence 3 lit (d) as the place of departure is situated in Great Britain. The case is now pending before the Federal Court of Justice: BGH I ZR 209/15.