Place of Jurisdiction – EU-Law – Brussels I
Regulation – Product liability (Austria /Germany)
The European Court of Justice (EuGH) has ruled in its judgement
of January 16, 2014 (C- 45/13) that the place of the event causing
the damage within the meaning of Art. 5 No. 3 Brussels I Regulation
constituted the place where the respective (defective) product was
made. The place of the event causing the damage was not the place
where the product was handed over to the end user or to the
reseller.
Purchase of a bicycle by a German in Austria Accident resulting
from defects in Germany Malicious action at product liability place
of production
The purchaser of a bicycle had an accident. The bicycle was
produced in Germany. The purchaser/ plaintiff bought it at an
Austrian distributor in Austria. The bicycle tour, which resulted
in the accident, took place in Germany.
