PIL instrument(s)
Brussels I
Rome I
Case number and/or case name
OLG Stuttgart, 24.04.2013 - 3 U 184/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 5
Rome I
Article 3
Paragraph 1
Date of the judgement
23 April 2013
Appeal history
None
CJEU's case law cited by the court
24/76 Estasis Salotti di Colzani Aimo e Gianmario Colzani s.n.c. v Rüwa Polstereimaschinen GmbH [1976] ECR 01831
Summary
The plaintiff is a German logistics company; the defendant is a French airline. The plaintiff should transport goods for the defendant from France to the USA. The plaintiff claims for damages because of problems with the carriage. The court, in the absence of an explicit choice of law according to Art. 3 Rome I, applied German law to their contract, relying on an implied choice of law (because of the arguments used during the proceedings, always concerning German law).

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