Case number and/or case name
BGH, 17.09.2015 -I ZR 212/13
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
16 September 2015
CJEU's case law cited by the court
Summary
The parties have set up a contract about the transport of used cars from Germany to Libya (business to business). Due to import regulations in Libya transportation problems occurred and the cars could not be found. The court stated that the law applying to the transport contract was – pursuant to Art. 5 (1) sentence 1 Rome I – the law of the habitual seat of the carrier if this corresponds with the departing location or the habitual seat of the sender. As in the present case this was Germany, the court applied German law.