Case number and/or case name
LG Hamburg, 18.09.2015 – 308 O 143/14
Summary
The plaintiff is a German company in the car industry. The defendant is an Italian company. The plaintiff is trying to obtain an injunctive relief against the defendant prohibiting him from using intellectual property rights of the plaintiff. In Italy, the defendant already started proceedings against the plaintiff. The question was whether the court in Germany has to stop its proceedings according to Art. 27 Brussels I.
The court stated that the prerequisites of Art. 27 Brussels I are fulfilled. Nevertheless, it decided not to apply Art. 27 Brussels I in the present case because the defendant is abusing this provision in order to stop the plaintiff from obtaining its rights.