PIL instrument(s)
Brussels I
Rome I
Case number and/or case name
LG Frankfurt, 6.6.2014 – 2-24 S 152/13
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b Indent 2
Rome I
Article 1
Paragraph 1
Article 5
Paragraph 2 SubParagraph a
Date of the judgement
05 June 2014
Appeal history
None
CJEU's case law cited by the court
14/76 A. De Bloos, SPRL v Société en commandite par actions Bouyer [1976] ECR 01497
C-204/08 Peter Rehder v Air Baltic Corporation (Fourth Chamber) [2009] ECR I-06073
Summary
The German plaintiff claimed for repayment of the fare he had paid for a flight operated by the Italian defendant. The court stated that it was internationally competent pursuant to Art 5 (1) (a), (b) Brussels I. Regarding transport contracts, the place of performance of the flight was the place of departure as well as the destination. The place of performance of the primary contractual obligation was decisive for the secondary obligation, such as damages, that replaces that obligation. The court applied German law under Art 5 (2) Rome I.

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