PIL instrument(s)
Brussels I
Case number and/or case name
OLG Naumburg, 13.2.2013 – 12 U 153/12
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1 SubParagraph b Indent 1
Date of the judgement
12 February 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
The parties argued about damage claims resulting from a purchase contract. The court stated that the place of performance within the meaning of Art 5 (1) (b) Brussels I was Germany as the goods according to the contract were delivered to Germany. The court also stated that the inclusion of general terms and conditions into a contract that was governed by the UN sales law CISG was to be examined under the uniformised provisions of the CISG (Art 14, 18 CISG). The substantive law which the application of choice of law rules led to was not decisive for this examination.

This website is written and maintained by the University of Aberdeen's Research Applications and Data Management Team