Conflict of Laws
  • About
  • Editorial board
  • Subscription
  • Submission
  • Materials
  • Contact
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

German Federal Supreme Court affirms Jurisdiction based on Art. 5 Nr. 1 Brussels Convention with regard to Claims based on Prize Notifications

November 10, 2006/in /by Veronika Gaertner
image_pdfimage_print

The German Federal Supreme Court had to deal with the legal qualification of prize notifications, i.e. communications which are sent to consumers and give the impression that the consumer has won a particular prize, in its judgment of 1st December 2005 (III ZR 191/03). The Court held that jurisdiction concerning a claim based on a prize notification (sec. 661a German Civil Code) which did not lead to the order for goods can be grounded on Art. 5 Nr. 1 Brussels Convention. Before, the Federal Supreme Court has left open how sec. 661a German Civil Code has to be classified and has based jurisdiction on Art. 5 Nr. 3 Brussels Convention and Art. 13 Brussels Convention alternatively. 

In the present case, jurisdiction over a consumer contract according to Art. 13 Brussels Convention (now: Art. 15 Brussels I Regulation) has been refused since this rule had to be interpreted strictly due to its qualification as lex specialis. Here, the requirements of Art. 13 I Nr. 3 Brussels Convention are – according to the Court – not fulfilled since a "contract for the supply of goods or a contract for the supply of services" has not been concluded. The Court regarded it not to be sufficient that the prize notification in question was directed at the arrangement of such a contract, but left open explicitly whether this interpretation also applies with regard to the broader Art. 15 I c) Brussels I Regulation. By refusing Art. 13 Brussels Convention, the Court departs from its former jurisprudence. According to the Federal Supreme Court, jurisdiction has to be based on Art. 5 Nr. 1 Brussels Convention since the term "contract" has to be interpreted widely in view of the ECJ´s case law according to which it is regarded to be sufficient if one person incurs liabilities voluntarily towards another person. Due to the affirmation of Art. 5 Nr. 1 Brussels Convention it could be left open by the Court whether jurisdiction could also be based on Art. 5 Nr. 3 Brussels Convention. 

The full judgment can be found in IPRax 2006,  602 (including an annotation by Jordans, IPRax 2006, 582) as well as on the website of the Federal Supreme Court. 

Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Veronika Gaertner https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Veronika Gaertner2006-11-10 07:13:582006-11-25 14:50:00German Federal Supreme Court affirms Jurisdiction based on Art. 5 Nr. 1 Brussels Convention with regard to Claims based on Prize Notifications

Categories

  • Views
  • News

Most Recent Posts

  • The New Zealand Supreme Court’s judgment in Kea Investments Ltd v Wikeley on anti-enforcement relief August 3, 2026
  • Beyond Domicile: The BHP Litigation and the Functional Interconnection of Public and Private International Law August 3, 2026
  • Conflicts of jurisdiction in Senegal: lesson from the Senegalese Supreme Court on Lis Pendens and the Exequatur of foreign judgments July 27, 2026
  • Adoption in the proposal for a European Parenthood Regulation July 21, 2026
  • Copyright, Targeting and Geo-Blocking: The CJEU Stirs the Pot July 15, 2026
  • A Follow-Up: The German Judges Association’s Response to the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions July 15, 2026
  • Private International Law Dimensions of Singapore’s New Legislation to Combat Online Harms July 14, 2026
  • The 1961 HCCH Apostille Convention: Why All African Countries Should Ratify It? — Insights from Judicial Practice in Africa July 14, 2026
  • The enforcement of an advance on costs for substitute performance at the expense of a Russian debtor in German-French legal relations July 2, 2026
  • “Yes, in principle, but not quite there yet…” – Some Observations on the Public Consultation on the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions June 29, 2026
  • Judgment Mobility Rules in India’s Private International Law Regime: No place for a revision au fond? June 26, 2026
  • Nothing to See Here: The CJEU’s Decision in Case C-232/25 Idzinski June 18, 2026
  • Refusal to Enforce in Egypt of a Californian (U.S.) Judgment for Lack of Reciprocity: What Has Gotten into the Egyptian Supreme Court? June 15, 2026
  • PRC Double Interest neither Double nor Penal: Australian Courts Clear Its Name When Enforcing Chinese Judgments June 10, 2026
  • The AIFC Court, Gazprom v Naftogaz and the Emergence of a New Conduit Jurisdiction Debate June 6, 2026
Link to: Brussels Convention, the Law of War and Crimes Against Humanity Link to: Brussels Convention, the Law of War and Crimes Against Humanity Brussels Convention, the Law of War and Crimes Against Humanity Link to: Forum Non Conveniens and Choice of Law in Tort & Equity in the Singapore Court of Appeal Link to: Forum Non Conveniens and Choice of Law in Tort & Equity in the Singapore Court of Appeal Forum Non Conveniens and Choice of Law in Tort & Equity in the Singapore...
Scroll to top Scroll to top Scroll to top