Case number and/or case name
AG Köln, 19.10.2015 - 142 C 232/13
Details of the court
Germany, First Instance
Articles referred to by the court
Date of the judgement
18 October 2015
CJEU's case law cited by the court
Summary
The plaintiff runs a language school in Spain. In his advertisements he guarantees the success of learning Spanish using a special method. The German defendant booked a seminary. After attending the course the parties argue about the quality of the course and the advertisement. The court determines that the parties have tacitly chosen German law according to Art. 3 (1) Rome I. The court states that the plaintiff has made the registration in German and referred to German law by using German general terms and conditions and referring explicitly to §§ 651g,h BGB (German Civil Code). Further, both parties referred to German legal vocabulary within their submissions.