Case number and/or case name
OLG Düsseldorf, 13.11.2013 – I-18 U 120/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
12 November 2013
CJEU's case law cited by the court
Summary
The plaintiff and the defendant are businesses. The defendant had transported mobile phones for the plaintiff from Germany to Hongkong. The plaintiff claimed for damages, because a contractual duty had been violated by the defendant. The court applied German law to the contract of carriage according to Art. 5(1) Rome I as the law at the seat of the defendant (carrier). No closer connection according to Art. 5(3) Rome I was found.