Oberster Gerichtshof, Urteil vom 22/09/2004 5 Nc 21/04i
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2004:0050NC00021.04I.0922.000
Date: 2004-09-22
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82004AT0922(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, domiciled in Austria bought via the internet, jewelleries from the defendant domiciled in Germany, however he never received them. He now requests payment from the defendant. He requests, for this purpose, that the Austrian competent court be determined.
The OGH (AT) holds that the defendant, by advertising on the website of an internet auctioneer and with the opening of a special account in an Austrian bank addresses itself directly to the customers in Austria. Thus the plaintiff can directly bring an action before the court of his domicile according to Article 16 Brussels I Regulation so that the determination of the court locally competent is not necessary anymore.