Oberster Gerichtshof, Urteil vom 10/11/2003 7 Ob 267/03w
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:0070OB00267.03W.1110.000
Date: 2003-11-10
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82003AT1110(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The parties are in dispute before the Austrian courts about the jurisdiction over an agreement regarding property rights which was concluded on the occasion of their divorce. Thereby, the applicability of the Brussels I Regulation is in question.
Subsequent to the ECJ's judgment of 27 February 1997 (C-220/95 – Boogaard/Laumen), the OGH (AT) holds that the concept of "rights in property arising out of a matrimonial relationship" in Article 1(2) (1) Brussels I Regulation does not only apply to property rights provided by some national legal systems especially and exclusively for matrimonial relationships. Rather, it also encompasses all relationships under the law of property which arise from a matrimony or its dissolution. Thus, the Brussels I Regulation is not applicable to agreements on property rights concluded on the occasion of a divorce.