Case number and/or case name
BGH, 22.5.2014 – I ZR 109/13
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
21 May 2014
CJEU's case law cited by the court
Summary
The plaintiff is the insurance company of a company that has ordered the defendant’s company to transport goods (carboplatin). Some goods got lost and the plaintiff had to pay for the damages its policy holder. The plaintiff claims for the damages from an assigned right of its policy holder. The court decided that according to Art. 5(1) Rome I German law governed the underlying contract of carriage.