Case number and/or case name
OLG Köln, 25.3.2014 – 3 U 171/13
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Date of the judgement
24 March 2014
CJEU's case law cited by the court
Summary
The parties argued about a claim for repayment resulting from a donation agreement. § 528 BGB (German Civil Code) allows reclaiming the donated subject if the donator has gotten into circumstances that prevent him from covering his living costs and from meeting his maintenance obligations.
The first instance court denied the international jurisdiction of German courts stating that the claims do not fall under the contractual venue.
The court held that Art 5 no 1 Brussels I applied to the case. The claimed repayment fell under the Regulation’s contractual venue. The court further stated that the claim brought forward (§528 BGB) was inherent to the contractual relation. Art 5 no 1 Brussels I extended to claims that concerned an adjustment of contractual relations because of substantial changes compared to the conclusion of the contract as it is the ratio behind § 528 BGB.