Oberster Gerichtshof, Urteil vom 05/08/2002 2 Nd 510/02
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:0020ND00510.02.0805.000
Date: 2002-08-05
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82002AT0805(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff received unsolicited mail-order catalogues and prize notifications from the German defendant. As the prize was not paid out, the plaintiff brought an action against the German company before an Austrian court for payment of the promised prize. As the court seised held that it lacked local jurisdiction, the plaintiff applied to the OGH (AT) for the determination of the court having local jurisdiction.
The OGH (AT) refers to the ECJ's judgment of 11 July 2002, C-92/00, according to which the order of goods by a consumer in expectation of the payment of a prize qualifies as a consumer contract within the meaning of Article 13(2)(3) Brussels Convention. Thus, the plaintiff may sue the defendant in Austria according to Article 14 Brussels Convention. Contrary to Article 16(1) Brussels I Regulation, which stipulates that, in consumer matters, the “court for the place where the consumer is domiciled” has territorial jurisdiction, Article 14 Brussels Convention solely determines international jurisdiction however not local jurisdiction. Thus, the OGH has to determine a court having local jurisdiction.