PIL instrument(s)

Case number and/or case name

LG Kiel, 12.07.2013 – 16 O 37/12

Details of the court

Germany, First Instance

Articles referred to by the court

Date of the judgement

11 July 2013

Appeal history

CJEU's case law cited by the court

Summary

The plaintiff, an Asian company, produces circuit boards and was regularly selling and delivering such circuit boards to another company who then sold them to the defendant, a German company. The company between the plaintiff and the defendant did not always pay the purchase price to the plaintiff. The parties argue about the existence of a guarantee contract or a joint liability agreement of the defendant for those payments to the plaintiff. The court applied German law according to Art. 4(2), 10, 19 Rome I to the question of the existence of a guarantee contract or a joint liability agreement, i.e. the law at the place of the habitual residence of the guarantor, who effects the characteristic performance.