Case number and/or case name
OLG Karlsruhe, 20.9.2013 – 15 U 140/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
19 September 2013
CJEU's case law cited by the court
Summary
The parties argued about payment claims resulting from a contract regarding the repair of the defendant’s car. It was doubtful whether German courts were internationally competent. The first instance court denied the international jurisdiction of German courts under Art 5 no 1 and no 5 Brussels I.
The second instance court confirmed this decision. It held that claims for the payment of demurrage charge connected to a legal or contractual lien concerning a car did not fall under the term ‘dispute arising out of the operations of a branch’ within the meaning of Art 5 no 5 Brussels I.