Case number and/or case name
BGH, 27.11.2014 – I ZR 1/11
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
26 November 2014
CJEU's case law cited by the court
Summary
The parties argued about the violation of a Community Trademark. The court stated that the international jurisdiction of German courts regarding the damage claims based on the law on unfair competition (UWG) was given under Art 5 no 3 Brussels I. It held that there had to be a certain probability that the damage occurred within the jurisdiction of the court. The actual violation of rights was not subject to the examination of the international jurisdiction.
The court further stated that the jurisdiction under Art 5 no 3 Brussels I pertained to claims regarding damages, injunctive relief and claims to information.