Case number and/or case name
LG Mönchengladbach, 23.09.2015 - 6 O 175/11
Details of the court
Germany, First Instance
Articles referred to by the court
Date of the judgement
22 September 2015
CJEU's case law cited by the court
Summary
The plaintiff runs a hospital in Turkey. The German patient and the hospital argue about the remaining costs of an operation. The patient has issued an acknowledgement of debt. The parties had made a choice of law in the treatment contract. The court however did not decide whether this choice of law clause was valid under Art 3 (1) Rome I. It stated that even in case of its invalidity, the law applicable to the contract was German substantive law under Art 4 (2) Rome I. The court referred to the characteristic performance of the acknowledgement of debt. This was the payment which had to be done by the defendant. As he had his habitual residence in Germany, the court applied German law to the legal question.