PIL instrument(s)

Case number and/or case name

BGH, 29.1.2013 – KZR 8/10

Details of the court

Germany, Third Instance

Articles referred to by the court

Date of the judgement

28 January 2013

Appeal history

CJEU's case law cited by the court

Summary

The litigation between the parties concerned a negative declaratory action. The plaintiff requested to declare that the defendant didn’t have damage claims in terms of the plaintiff’s sales practice. The lower instance had denied its international jurisdiction. The court held that a negative declaratory action stating the absence of liability in tort fell within the scope of application of Art. 5 no. 3 Brussels I. German courts therefore were internationally competent. The judgment fully implements the CJEU jurisdiction in C-133/11 where the court stated that Art. 5 no. 3 Brussels I must be interpreted as meaning that an action for a negative declaration seeking to establish the absence of liability in tort, delict, or quasi-delict falls within the scope of that provision. The judgment therefore is correct