Case number and/or case name
LG Krefeld, 26.8.2014 – 12 O 28/12
Details of the court
Germany, First Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 2
Paragraph 3
Date of the judgement
25 August 2014
CJEU's case law cited by the court
Summary
The parties argued about claims arising from unfair competition. The court had to examine the international jurisdiction of German courts as the first instance court had denied it.
It held that German courts were internationally competent under Art 5 no 1 Brussels I with regard to claims that under national law were considered as tort claims if the disputed activity can be considered as a violation of the obligations which could be derived from the contract’s subject. Regarding tort claims resulting from unfair competition, German courts did therefore not have the international jurisdiction if the characteristic performance has been carried out at the defendant’s seat in France.
The court therefore confirmed the first instance court’s judgment.