Case number and/or case name
BGH, 28.5.2013 – X ZR 88/12
Details of the court
Germany, Third Instance
Articles referred to by the court
Brussels I
Article 15
Paragraph 1
SubParagraph c
Date of the judgement
27 May 2013
CJEU's case law cited by the court
Summary
The parties argued about claims for repayment regarding a contract on the rent of a holiday home. The plaintiff is a consumer resident in Germany. The defendant is a business based in Germany as well.
The defendant reprimanded the international jurisdiction of German courts.
The court held that German courts were internationally competent pursuant to Art 15 (1) (c), 16 (1) Brussels I.
Art. 22 no 1 Brussels I did not apply to the case as the contract between the parties contained additional services which spoke against a classification as a contract concerning tenancies of immovable property within the meaning of Art 22 no1 Brussels I.