Oberster Gerichtshof, Urteil vom 10/08/2007 2 Nc 16/07m
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2007:0020NC00016.07M.0810.000
Date: 2007-08-10
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82007AT0810(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The defendant is a tour operator having its seat in Germany. The plaintiffs booked a package holiday abroad organised by the defendant through the offices of an Austrian tourist agency. They sought damages as well as payments under warranty from the defendant due to travel defects. They applied to the OGH (AT) for a so-called "Ordination", a determination of the court having local jurisdiction.
The OGH (AT) dismisses the application. It states that the rules of the Brussels I Regulation are applicable to the case. The latter is directly applicable in the Member States of the EU since its entry into force on 01.03.2002 and applies to all actions or applications for determination of jurisdiction which became pending after this date. While the previous Article 14(1) Brussels Convention only regulated international jurisdiction, this has changed with regards to Article 16 Brussels I Regulation: As this rule expressly refers to the jurisdiction of the "court for the place where the consumer is domiciled", the Brussels I Regulation now also determines the local jurisdiction in matters relating to consumer contracts. As the court having local jurisdiction is already determined, an "Ordination" is no longer necessary.