PIL instrument(s)

Case number and/or case name

LG Saarbrücken 23.12.2013 – 12 O 74/13

Details of the court

Germany, First Instance

Articles referred to by the court

Date of the judgement

22 December 2013

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about damage claims. It was doubtful whether German courts were internationally competent pursuant to Art. 15 Brussels I. The court denied the international jurisdiction of German courts. It held that the jurisdiction clause had no legal force because it violated Art. 17 no. 1 Brussels I. The court found that the agreement on jurisdiction had to be entered into after the main contract had been concluded and after a dispute about a certain issue had already arisen. The court proceedings had to be about to begin at that point of time. Further, the court held that the courts in the consumer’s Member State were internationally competent pursuant to Art. 15 (1) (c) Brussels I: the professional directed his commercial activities to the consumer’s Member State if the website showed a phone number of that Member State and if the professional distributed his properties specifically on the market of that Member State. The judgment is in accord with the wording of Art. 15 Brussels I and further stays within the autonomous interpretation of the Regulation. Therefore it is correct.