Oberster Gerichtshof, Urteil vom 15/05/2001 7 Nd 507/01
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:0070ND00507.01.0515.000
Date: 2001-05-15
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82001AT0515(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff domiciled in Austria requests from the defendant, a salesman seated in Germany, compensation on the ground that a commercial offer on the internet for all German speakers concerning “a test for the European driving licence” in Great Britain, has not been preformed. He requests according to Article 14 Brussels Convention, that a competent Austrian court be declared competent at the seat of the plaintiff, who is to be considered as a consumer.
The OGH (AT) determines the court of the domicile of the plaintiff as competent, since one shall consider the plaintiff in case of doubt as a final private consumer and not as a professional. Besides, the other requirements in Article 13 Brussels Convention are met, in particular the production of a transnational presentation on the internet by the defendant is considered as an advert at the domicile of the plaintiff according to Article 13(3) (a) Brussels Convention.