The plaintiff is a German association trying to prevent competition law infringements. The defendant is an Austrian company. The plaintiff sues for an injunctive relief with regard to alleged competition law infringements on the website of the defendant.
The court stated that it is competent to hear such claim under Art. 5 Nr. 3 Brussels I. The place of delivery according to this provision is on the internet in the country in which the competition law infringement influences the internet users. The Austrian website of the defendant is also used by German consumers because of the German language it is written in.