Case number and/or case name
LG Berlin, 5.11.2013 – 102 O 47/13
Details of the court
Germany, First Instance
Articles referred to by the court
Date of the judgement
04 November 2013
CJEU's case law cited by the court
Summary
The defendant is a business based in the Netherlands. She distributed advertising brochures which are subject to the dispute. The plaintiff is a competition association of pharmaceutical companies and claims an anti-competitive activity.
The court held that the place where the harmful event occurs (Art 5 no 3 Brussels I) regarding violations of competition law lies where the conflict between competitive interests occurs. If the alleged violation of competition law consists in the distribution of an advertisement brochure, the place where the harmful event occurs is Germany given the fact that the disputed brochure is tailored to German consumers and has been sent to them.
The court stated the international jurisdiction of German courts and applied German law under Art 6 (1) Rome II Regulation.