PIL instrument(s)
Rome I
Case number and/or case name
OLG München, 22.01.2015 - 23 U 3121/14
Details of the court
Germany, Second Instance
Articles referred to by the court
Rome I
Article 4
Paragraph 1 SubParagraph b
Date of the judgement
21 January 2015
Appeal history
None
CJEU's case law cited by the court
None
Summary
The plaintiffs (consumers) concluded a contract about the purchase of subscription rights on the advice of the defendant, an investment adviser. The parties argue about damages due to advice errors. The plaintiffs’ domicile at the moment of the consultancy contract was in Portugal. Therefore an international context is given. The court held that the law of the habitual residence of the service provider applies pursuant to Art 4 (1) (b) Rome I. This was German law.

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