PIL instrument(s)
Rome I
Case number and/or case name
LG Darmstadt, 21.03.2013 – 9 O 299/12
Details of the court
Germany, First Instance
Articles referred to by the court
Rome I
Article 4
Paragraph 1 SubParagraph a
Article 12
Paragraph 1 SubParagraph d
Date of the judgement
20 March 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
The plaintiff is an Italian company who produces and sells shoes, the defendant is a German company. The plaintiff claimed for payment for shoes that they sold and delivered to the defendant. The defendant denied having received the shoes. The defendant invoked limitation. The court applied Italian law to the question of limitation, according to Art. 4, 12(1)(d) Rome I.

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