Case number and/or case name
OLG Koblenz, 19.12.2012 – 2 U 1464/11
Details of the court
Germany, Second Instance
Articles referred to by the court
Rome I
Article 4
Paragraph 1
SubParagraph a
Date of the judgement
18 December 2012
CJEU's case law cited by the court
Summary
The plaintiff, a Czech company producing tools and machine tools bought from the defendant, also a business, a power generator. The parties argued about defects of the power generator and about the withdrawal of the sales contract. The court applied German law (and therefore the CISG) to the contract according to Art. 3(1), 4(1)(a) Rome I.