Case number and/or case name
AG Lübeck, 10.10.2013 – 33 C 2272/13
Summary
The parties argued about a prize notification the defendant, a business based in Luxembourg, had made towards the plaintiff, a consumer living in Germany. The court held that the international jurisdiction of German courts in case of prize notifications was to be based on Art 15 (1) (c), 5 no 1 (a) Brussels I. The court further stated that the place of performance has to be determined pursuant to the Brussels I Regulation whereas national law did not apply in this regard. The place of performance in case of prize notifications was the consumer’s residence. Therefore the court stated the international jurisdiction of German courts.
The court applied German law without explicitly referring to conflict of law rules.