Case number and/or case name
OLG Hamm, 19.5.2015 – 7 U 26/15
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph b
Indent 1
Rome I
Article 4
Paragraph 1
SubParagraph a
Date of the judgement
18 May 2015
CJEU's case law cited by the court
Summary
The plaintiff is a German producer of furniture who sold to the defendant cloth in the Netherlands (business to business). The parties argue about the application of general terms and conditions which include a choice of law according to Art. 3 (1). The court determines the applicable law of the choice of law according to Art. 3 (5), 10 (1) on the basis of the choice of law made in the terms and conditions.