PIL instrument(s)
Rome I
Case number and/or case name
LG Bremen, 21.02.2013 – 9 S 225/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Rome I
Article 5
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Date of the judgement
20 February 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
The plaintiff is a German consumer; the defendant is an Irish airline. The plaintiff claimed for compensation and damages because the defendant had refused his access to a flight because of the lateness of the plaintiff. The plaintiff argues that he had not been laid. The court applied the standard terms of the defendant as basis for the claim and held that it was irrelevant that there was a (according to Art. 5(2) Rome I) valid choice-of-law clause in the contract of carriage.

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