Oberster Gerichtshof, Urteil vom 28/06/2000 8 NdS 1/00
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2000:RS0102026
Date: 2000-06-28
Subject matter: Lugano Convention
Origin: Austria

82000AT0628(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff was employed as truck driver by a company seated in the Netherlands. However, the place of activity was in Wels (AT). Insolvency proceedings were opened on the assets of the Netherlands company. The plaintiff was dismissed by the liquidator in charge of the liquidation of the assets. The plaintiff brought an action before the Arbeits- und Sozialgericht (Labour and social court) of Vienna (AT) for payment of compensation for bankruptcy. The Arbeits- und Sozialgericht of Vienna declares itself as territorially incompetent and submits the action to the OGH (AT) for the determination of the jurisdiction.
The OGH (AT) affirms the considerations of the Arbeits- und Sozialgericht of Vienna, according to which on the basis of the Lugano Convention no court can be determined as competent, since the latter according to Article 1(1) Lugano Convention is not applicable to bankruptcies and matters relating to social security.