Oberster Gerichtshof, Urteil vom 25/08/2004 6 Nc 21/04x
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2004:0060NC00021.04X.0825.000
Date: 2004-08-25
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82004AT0825(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, who lived in Austria, and his wife, had reserved and gone on a trip organised by the defendant, a company having its seat in Germany. Following errors on the part of the defendant, the trip was almost worthless. Accordingly, the plaintiff claimed compensation before a locally competent court in Austria, to be determined by the OGH (AT).
The OGH (AT) considers that contracts for travel packages are also subject to the conditions provided for consumer matters where the requirements of Article 15(1)(c) Brussels I Regulation are met. But there is a precondition that the travel company exercise a professional or industrial activity in the country of domicile of the consumer, or aim it at that Member State. However, if the traveller does not even claim that this requirement is met, then the jurisdiction cannot rely on the existence of a consumer contract within the meaning of Article 15 Brussels I Regulation.