Case number and/or case name
OLG Saarbrücken, 11.6.2015 – 4 U 109/14
Details of the court
Germany, Second Instance
Articles referred to by the court
Rome I
Article 6
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Date of the judgement
10 June 2015
CJEU's case law cited by the court
Summary
The plaintiff is a French credit institution which enforces the repayment of a real estate credit loan due to deceitful actions of a third party in favor of the defendant. Art. 6 (1) is not concerned. The determination of the applicable law lies upon the question if a choice of law was made. According to Art 3 (1) sentence 2 the circumstances of the case have to indicate the chosen law. Indications are i.e. language and normative references.The court follows the 1st instance judgment stating that French law is applicable.