Case number and/or case name
BGH, 27.9.2013 – V ZR 232/10
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
26 September 2013
CJEU's case law cited by the court
Summary
The parties have been arguing on a restitution granted by the Land Berlin which allegedly has been too high. The Land had had to pay out the sum according to a German law that constitutes the obligation of compensation in certain issues of expropriation during the Nazi regime. In 2011 the Federal Court of Justice had made a preliminary reference regarding the interpretation of Art. 1 and Art. 6 Brussels I. The question had been answered by the CJEU in 2013 (C-645/11).
According to the CJEU ruling the Federal Court of Justice held that the restitution claims fell within the scope of application of Brussels I. It further stated that some of the defendants weren’t included by the rule in Art. 6 Brussels I because they weren’t domiciled in an EU Member State. The court fully applied the CJEU to the case. Therefore the judgment is correct.