Oberster Gerichtshof, Beschluß vom 24/11/1997 6 Ob 324/97h
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:1997:
Date: 1997-11-24
Subject matter: Lugano Convention
Origin: Austria

81997AT1124(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
A surgery was performed on a patient in a department, administrated by the university, of the plaintiff’s hospital. The pathological process was misjudged. Eventually, the patient’s lower leg had to be amputated. The plaintiff, as legally responsible entity of the hospital, was ordered to pay damages. The plaintiff commenced recourse proceedings against the Republic of Austria, since the surgery was conducted by a university doctor, who was employed by the defendant and not the plaintiff. The court of first instance dismissed the claim. The court of appeal allowed the appeal and granted the plaintiff’s claim. The defendant appealed, seeking the dismissal of the claim.
The OGH (AT) partially grants the appeal. It finds that according to the provisions within Article 6(2) Lugano Convention on third party proceedings, the binding force of the judgment can be affirmed as to the following proceedings (here: proceedings for recourse). Otherwise, Austria would be the only Contracting State of the Lugano Convention in which judgments with an effect on third parties could not be pronounced, while the legal effect of judgments pronounced in other Contracting States in third party proceedings according to Article 6(2) Lugano Convention would have to be recognised in Austria according to the Lugano Convention.