Oberster Gerichtshof, Urteil vom 11/10/2001 8 Ob 225/01y
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:0080OB00225.01Y.1011.000
Date: 2001-10-11
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82001AT1011(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
In proceedings before the Austrian courts, the question was raised whether a domicile within the meaning of the Brussels Convention respectively Lugano Convention, can be considered to be established in Austria, if the defendant, an Austrian citizen, stays there regularly, not only on the weekends but also on holidays, bought a house there and renovated it and is registered at that address.
The OGH (AT) finds that the question whether a party is domiciled in a Contracting State to the Lugano and Brussels Conventions, according to Article 52 of these Conventions, shall be determined pursuant to the own law of the court, thus the lex fori.