Case number and/or case name
KG, 07.05.2013 – 5 U 32/12
Summary
The plaintiff, a consumer from Germany, brought proceedings against the defendant, an Irish airline, in order to stop the use of a choice-of-court and a choice-of-law clause in the defendant’s standard terms and conditions, providing for jurisdiction in Ireland and the applicability of Irish law.
The question is whether only including such clauses in standard terms would be a ‘misleading by omission” according to § 5a of the German Unfair Competition Act (UWG). The court hold that Art. 6(1), (2) Rome I could not argue for an expectation of the consumer to have the law of his habitual residence applied, because Art. 6(4)(b), 5(2) make an exception for contracts of carriage.