Case number and/or case name
AG Würzburg, 2.10.2014 – 16 C 207/13
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 October 2014
CJEU's case law cited by the court
Summary
The defendant is a German consumer who bought a carpet in Turkey during an educational trip. The contract was written in German and the sales person on the plaintiff’s side spoke German. The parties argue about a defect of the carpet.
The court stated: According to Art. 3 (1) the parties could have chosen Turkish law regarding to the sales contract. Regardless of whether this is the case the consumer has effectively revoked the contract pursuant German consumer law. According to Art. 6 (2) sentence 2 Rome I the consumer law of the consumer’s habitual residence is even in case of a choice of law applicable. Furthermore the seller directed his business to German consumers (Art. 6 (1) lit. b Rome I).