Case number and/or case name
OLG Karlsruhe, 15.02.2012 - 13 U 150/10
Details of the court
Germany, Second Instance
Articles referred to by the court
Rome I
Article 9
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
14 February 2012
CJEU's case law cited by the court
Summary
The plaintiff is a French company and the defendant is a German company. They concluded a contract over building a house in Germany and chose German law. Later, there was an insolvency proceeding in France regarding the plaintiff. The question was whether French insolvency law could prohibit the termination of the contract under German law which the parties chose. The court declined this question under Art. 9 Rome I because there was no sufficient connection to France since the building took place in Germany.