Case number and/or case name
OLG Frankfurt/Main, 5.3.2013 – 11 SV 115/13
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
04 March 2013
CJEU's case law cited by the court
Summary
The parties argued about damage claims resulting from a financial participation in an investment company. There were three defendants. The court had to examine whether Art 6 no 1 Brussels I applied to the case.
The court held that the connection between the action against the defendants no 1, 2 on the one hand and defendant no 3 on the other was close enough to assume the requirement of hearing and determining the claims together within the meaning of Art 6 no 1 Brussels I. It further stated that it was not necessary that the actions were based on the same legal grounds. In the present case the international jurisdiction of German courts was given.
The national regulation stating an exclusive jurisdiction of a certain Regional Court within Germany (§ 32b ZPO) according to the court applied to the case and was not excluded by the fact that Art 6 no 1 Brussels I applied to the case. The national rule allows establishing an exclusive jurisdiction for the particular Regional Court where the concerned issuer is based.