Case number and/or case name
OLG Saarbrücken, 27.3.2013 – 5 U 463/11
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels I
Article 9
Paragraph 1
SubParagraph b
Article 60
Paragraph 1
SubParagraph a
Date of the judgement
26 March 2013
CJEU's case law cited by the court
Summary
The parties argued about damage claims resulting from an insurance contract. The plaintiff is a consumer having residences in Luxembourg as well as in Germany. The defendant is an insurance company based in Luxembourg. The dispute concerns the regulation of claims in connection with the car that was stolen and then found in the state of total loss.
The first instance court assumed the international jurisdiction of German courts. The second instance confirmed this decision. It stated that insured persons having a domicile both in Germany and in Luxembourg are allowed to bring an action before German courts under Art 9 (1) (b) Brussels I as the residence leads to a general place of jurisdiction for the concerned person. This was valid apart from the issue where the person had his/her primary place of residence. The court applied the substantial law of Luxembourg pursuant to national rules on PIL.