Case number and/or case name
BGH, 28.2.2013 – I ZR 180/11
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
27 February 2013
CJEU's case law cited by the court
Summary
The plaintiff is a construction company who constructed a building in Sweden. The defendant, a logistics company, transported some modules for the plaintiff from Germany to Sweden. The plaintiff claimed for damages because of defects of the modules that occurred during the transport. The court held that, if there had not been choice-of-law (even if this was the case), the applicable law would have to be determined according to Art. 4 of the Rome Convention which was temporally applicable according to Art. 28 Rome I. This would have led to the applicability of German law.