Oberster Gerichsthof, Beschluß vom 29/09/1999 6 Ob 207/99f
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:1999:RS0112544
Date: 1999-09-29
Subject matter: Lugano Convention
Origin: Austria

81999AT0929(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, who operates a hotel in Munich (DE), owns show rooms in which it conducts art exhibitions and other cultural events. It left exhibition spaces to the defendant, having its seat in Vienna (AT) for a time period of nearly two months according to an agreement designated by the parties as „lease agreement" for the purpose of art exhibitions planned by the defendant. It was agreed that the rent should be due at the beginning of each month. The agreement also regulated the charge for electricity, heating and utilities as well as telephone costs. Furthermore, the plaintiff assured the support by its PR department and various advertisement efforts. The plaintiff brought an action for payment against the defendant before the Bezirksgericht für Handelssachen of Vienna (AT). The defendant challenged the international jurisdiction of the court. It asserted that the courts of Munich had exclusive jurisdiction according to Article 16(1) Lugano Convention, as the proceedings had a tenancy of immovable property as their object. The lower courts denied jurisdiction. The plaintiff appealed to the OGH (AT).
The OGH dismisses the appeal and affirms the judgment by the appellate court. According to Article 16(1) (a) Lugano Convention, the courts of the place where the rented property is situated have exclusive jurisdiction over claims arising from a tenancy of immovable property. The duration of the lease agreement is irrelevant. Article 16(1) is also applicable to short term lease agreements or grants of use. Disputes regarding the utilities the tenant has to pay also pertain to the lease agreement. In the case of a complex agreement, the prevailing character of the contract determines the character of the complete agreement. The determination of the question in how far the lease factor characterises the complete agreement in these proceedings depends on the concrete structure of the agreement. Insofar, the appellate court's judgment is not objectionable.