PIL instrument(s)
Rome I
Case number and/or case name
OLG Hamm, 29.05.2012 - 32 SA 90/11
Details of the court
Germany, Second Instance
Articles referred to by the court
Rome I
Article 4
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 1 SubParagraph c
Paragraph 1 SubParagraph d
Paragraph 1 SubParagraph e
Paragraph 1 SubParagraph f
Paragraph 1 SubParagraph g
Paragraph 1 SubParagraph h
Paragraph 2
Paragraph 3
Paragraph 4
Article 19
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
28 May 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
The plaintiff is a German company and the defendant is a British company. The concluded a cooperation contract in the gastronomy business. The court held that German law was applicable to that contract. This due to the fact that the parties probably chose German law under Art. 3 para. 1 Rome I because the contract was concluded in Germany and the contractual obligations should be performed in Germany as well. However, in any case German law was applicable under Art. 4 and Art. 19 Rome I because the plaintiff is seated in German and should perform the specific obligations under the contract.

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