Case number and/or case name
LG Hamburg, Urt. v. 2.9.2014 – 327 O 187/14
Details of the court
Germany, First Instance
Articles referred to by the court
Rome I
Article 6
Paragraph 1
SubParagraph b
Paragraph 2
Date of the judgement
01 September 2014
CJEU's case law cited by the court
Summary
The plaintiff is pay-pal, an online paying service with its seat in Luxembourg. The defendant is a German-Iranian consumer. The parties argue about the general terms and conditions with regard to the plaintiff’s ability to block user accounts. The court applied German law under Art. 3 (1), 6 (2) Rome I. A choice of law within the terms and conditions towards consumers is only effective when the choice of law itself is in accordance with the mandatory regulations of the law where the consumer has his habitual residence. Therefore the choice of law must not be surprising which would be the case if the law which is subject to the choice of law clause is a third law apart from the substantial laws of the places of habitual residence of the parties.