Case number and/or case name
OLG Köln, 16.04.2015 - 3 U 108/14
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
15 April 2015
CJEU's case law cited by the court
Summary
The parties argued about a transport contract (business to business). During the transport from France to Germany some of the goods got lost. The court applied German law to the transport contract. The court stated a tacit choice of law under Art. 3 (1) sentence 2 alt.2 Rome I. It derived this interpretation from the fact that the parties referred exclusively to German regulations. Furthermore, the court pointed out that the parties had not reacted to the first instance court’s judgment where the court has applied German law.
Regarding the damages, the court held that German law was applicable pursuant to Art. 5 (1) sentence 2 Rome I since the place of delivery was Germany.