The German Federal Supreme Court assumed international jurisdiction of German courts according to Art. 5 Nr.3 Brussels I Regulation in a case of an application for an injunction due to nuisance according to § 1004 German Civil Code (judgment of 24.10.2005 – II ZR 329/03).
See for an annotation: Erik Jayme, IPRax 2006, 502.
(Possibly) Related:
- German Federal Supreme Court: Contest of Local Jurisdiction Implies Contest of International Jurisdiction
- German Federal Supreme Court affirms Jurisdiction based on Art. 5 Nr. 1 Brussels Convention with regard to Claims based on Prize Notifications
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