Oberster Gerichtshof, Beschluß vom 22/02/2001 6 Ob 295/00a
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:RS0114823
Date: 2001-02-22
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82001AT0222(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff had a business relation with the defendant, having its seat in the Netherlands, and manufactured and supplied merchandise to the latter for its sale in the Netherlands. The plaintiff commenced proceedings before the district court of Feldkirch (AT) seeking that the defendant be ordered to pay the price for the delivered goods. It alleged that no payments had been made and thus, it had terminated the business relation. The defendant claimed damages before a court in Dordrecht (NL). In the Austrian proceedings, the defendant applied for a stay of the Austrian proceedings according to Articles 21 or 22 Brussels Convention. The court of first instance dismissed the defendant’s application. The court of appeal partially allowed the defendant’s appeal. The plaintiff sought that the defendant’s application for a stay of the proceedings be dismissed.
The OGH (AT) stays the proceedings and submits questions to the ECJ regarding the concept of “same cause of action” in Article 21 Brussels Convention for a preliminary ruling. The OGH holds that the prerequisites for a stay due to proceedings in another Contracting State, according to Article 21 Brussels Convention, are the following: a) the priority of the proceedings brought in the other Contracting State; b) the identity of the parties; c) the court second seised may neither make a forecast regarding recognition, nor categorically review the jurisdiction of the court first seised. A review as to jurisdiction can only be undertaken in special cases, e.g. where the court second seised has exclusive jurisdiction according to the provisions of the Convention, which does not apply in the case of prorogation of jurisdiction according to Article 17 Brussels Convention.