Case number and/or case name
OLG München, 02.05.2012 - 7 U 4830/11
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
01 May 2012
CJEU's case law cited by the court
Summary
Both the plaintiff and the defendant are Spanish companies. The court applied German law although both parties are seated in Spain under Art. 4 para. 1 Rome I because the claim has its strongest connection to Germany. This is due to the fact that several certificates on which the claims are based were issued in Munich and in the German language. Moreover, the companies were founded by German investors.