PIL instrument(s)
Rome I
Case number and/or case name
BGH, 29. 4. 2010 - Xa ZR 5/09
Details of the court
Germany, Third Instance
Articles referred to by the court
Rome I
Article 5
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 3
Article 28
Date of the judgement
28 April 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
The plaintiff is a German consumer advice center seeking injunctive relief with regard to a clause within the defendants general terms. The defendant is an airline seated in Great Britain. The court applied German Law under Art. 5 Rome I because the persons booking a flight are seated in Germany.

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