PIL instrument(s)
Rome I
Case number and/or case name
LG Hamburg, 6.1.2011 - 327 O 779/10
Details of the court
Germany, First Instance
Articles referred to by the court
Rome I
Article 3
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Article 6
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2
Paragraph 3
Paragraph 4 SubParagraph a
Paragraph 4 SubParagraph b
Paragraph 4 SubParagraph c
Paragraph 4 SubParagraph d
Paragraph 4 SubParagraph e
Article 9
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
05 January 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
Both the plaintiff and the defendant are companies seated in Germany. The plaintiff is seeking injunctive relief because the defendants general terms allegedly violate Art. 6 Rome I. However, the court ruled that the Rome I Regulation does not regulate economic behavior in the market and, therefore, rejects the plaintiff’s claim.

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