Case number and/or case name
OLG Düsseldorf, 21.6.2013 – I-16 U 172/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
17 September 2013
CJEU's case law cited by the court
Summary
The plaintiff and the defendant are businesses in the sector of smoke detectors (production and sale). The plaintiff claims to information about some transactions made by the defendant. The court applied German Law to the contractual obligations according to Art. 4 of the Rome Convention, because the characteristic performance of the distribution contract is made at the seat of the official distributor. It held that the Rome I Regulation did not apply to the case, Art 28 Rome I.