• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

OLG Frankfurt: On the place of jurisdiction for internet bookings

5. June 2020
in Law on the Internet
Reading Time: 3 mins read
0 0
A A
0
airport 690556 1280
Key Facts
  • German courts do not have international jurisdiction if there is no connection to a German branch.
  • The plaintiff booked a flight ticket via "airfrance.de", confirmed the booking and received an electronic ticket.
  • The ticket was canceled by the defendant one day after booking due to a system error.
  • The Higher Regional Court ruled that international jurisdiction cannot be derived from Art. 7 No. 5 Brussels I Regulation.
  • The marketing department in Frankfurt am Main was not responsible for ticket allocation.
  • The website is not operated by the Frankfurt branch; data is stored by a provider in Paris.
  • The appeal to the Federal Court of Justice was allowed, as international jurisdiction for internet bookings is of fundamental importance.

If a flight ticket of a foreign airline is booked via a German-language website that is maintained entirely from abroad in terms of technology and content, German courts do not have international jurisdiction. The Higher Regional Court of Frankfurt am Main ruled that there is no connection between the booking process and a German branch. Due to the fundamental importance of the case, an appeal to the BGH was permitted.

The plaintiff asserted a claim for damages against the defendant French airline for canceling a contract of carriage. He booked a ticket for a flight from San Francisco to Paris in First Class and an onward flight from Paris to London in Business Class via the website “airfrance.de” in December 2017 for the summer of 2018 for a total of just under €600.00. After transferring the amount, the booking was confirmed. The plaintiff received an electronic ticket with a reservation code. The ticket indicated “DIR – WEB Allemagne, Frankfurt am Main” as the place of issue. A telephone number with the Frankfurt area code “069” was given as the contact before the start of the journey. The imprint of the homepage states: “Air France in Germany: Air France Direktion für Deutschland, Zeil 5, 60613 Frankfurt am Main”.

One day after the booking, the defendant informed the plaintiff via the e-mail address “Customer Care Europe” in English that the ticket had been canceled due to a system error. The amount paid was subsequently refunded. At the end of January 2018, a comparable flight would have cost €10,578.86.

The plaintiff believes that the defendant was unable to cancel the ticket effectively. He is claiming damages in the amount of the objective flight price (€ 10,578.86). The Regional Court dismissed the claim as inadmissible as it did not have international jurisdiction. The plaintiff’s appeal is directed against this. It was also unsuccessful before the OLG.

The Regional Court was right to deny its international jurisdiction, the Higher Regional Court ruled. In particular, international jurisdiction did not follow from Art. 7 No. 5 Brussels I Regulation. According to this provision, a party domiciled in the territory of a Member State (in this case France) could be sued in another Member State (in this case Germany) in disputes arising from the operation of a branch, agency or other establishment before the court of the place where the branch, agency or other establishment is located.

The marketing department and the headquarters of the managing director for Germany are located in Frankfurt am Main. However, the confirmation and ticket were not issued by employees there. The ticket booked on the internet and issued electronically also had no other connection to the Frankfurt branch within the meaning of Art. 7 No. 5 Brussels I Regulation. In particular, the German-language website of the defendant was not operated from the Frankfurt branch. The content of the website could not be changed from there, nor were technical facilities available there on which the website data was stored. On the contrary, the defendant had stated that the data of the German-language website of the defendant was located at an external provider in Paris.

The plaintiff refers unsuccessfully to the information in the defendant’s legal notice. They alone show that there is also a presence in Germany. However, the exclusively French e-mail address stated in the legal notice indicates that the website is operated from Paris.

The branch in Germany was therefore not involved in the legal relationship between the airline and the passenger. Purely legal appearance aspects could not justify international jurisdiction.

The Senate has allowed an appeal to the Federal Court of Justice. The question of international jurisdiction for internet bookings is of fundamental importance.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BghBusinessDamagesE‑mailFederal courtFrankfurtFrankfurt am Main Higher Regional CourtinternetLawsuitMailmarketing

Weitere spannende Blogposts

Plagiarism accusation is only an expression of opinion

7. November 2022

In principle, the person who makes an assertion must prove it. If this does not succeed, a competitor, for example,...

Read moreDetails

BaFin and the regulation of e-money (including computer games)

BaFin and the regulation of e-money (including computer games)
11. December 2022

What is BaFin? BaFin is the Federal Financial Supervisory Authority and is the German supervisory authority for credit institutions, insurance...

Read moreDetails

No deletion of YouTube videos in the event of an obligation to cease and desist

No deletion of YouTube videos in the event of an obligation to cease and desist
7. November 2022

The Federal Court of Justice (BGH) has issued an interesting decision on the right of expression and Youtubers. Under the...

Read moreDetails

Permission to send an e-mail, allows to send an e-mail

Copyright in the digital world: What’s next for AI image generators?
21. February 2023

The headline for this blog post sounds a bit like a click trap, doesn't it? However, there is a funny...

Read moreDetails

OLG Braunschweig confirms influencer jurisdiction

7. November 2022

The OLG Braunschweig just confirmed the numerous rulings around influencers and advertising that you can find on my blog, especially...

Read moreDetails

Esports and international workers?

pexels photo 896851 1
7. November 2022

On the topic of when and whether an esports team should consider a player an employee or a contractor, I've...

Read moreDetails

OLG Cologne: Jameda partially inadmissible

OLG Cologne: Jameda partially inadmissible
15. November 2019

To the overview Yesterday, the Higher Regional Court of Cologne issued an exciting ruling that also provides information on the...

Read moreDetails

Sales tax for FBA deliveries; delivery commission

Request individual offer
7. November 2022

In line with my article from Tuesday regarding the VAT treatment of sales from app stores, there is information today...

Read moreDetails

Privacy/Ex-employee and the use of a catch-all email

Privacy/Ex-employee and the use of a catch-all email
24. July 2019

An underappreciated problem Time and again, I see that clients of mine who are struggling with staff turnover or have...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

fcb134a2b3cfec5d256cf9742ecef1cd

The unconventional lawyer: a nerd in the service of the law

26. September 2024

In this captivating episode of the podcast "The Unconventional Lawyer", we delve into the world of a lawyer who is...

Read moreDetails
Looking to the future: How technology is changing the law

Looking to the future: How technology is changing the law

18. February 2025
4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024
7c0b449a651fe0b81e5eec2e23515012 2

Copyright in the digital age

15. January 2025
legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung