Case number and/or case name
OLG Düsseldorf, 16.04.2014 – I-18 U 124/13
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
15 April 2014
CJEU's case law cited by the court
Summary
The plaintiff and the defendant are businesses. The plaintiff has transported steel pipes to Italy for the defendant. The defendant claims payment for the transport. The court stated that according to German law (the law chosen by the choice-of-law clause according to Art. 10 Rome I) there was no valid choice of law according to Art. 3 Rome I. Therefore the court applied German law to the contract of carriage as the law applicable according to Art. 5 Rome I.