Oberster Gerichtshof, Urteil vom 11/09/2001 8 Nd 513/01
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:0080ND00513.01.0911.000
Date: 2001-09-11
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82001AT0911(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff domiciled in Austria intended to bring an action for payment of damages against the travel agency domiciled in Germany on the ground of the deficiencies of a booked travel. His attention was drawn by an advertisement of the defendant party on SAT-Teletext. He contacted the defendant party by telephone. After the plaintiff had concluded the travel contract with the defendant party by fax, he transferred the total amount of the invoice from Austria. The plaintiff requested the determination of the court of his domicile as court having jurisdiction, since he acted as consumer.
The OGH (AT) finds that it is a consumer matter within the meaning of Article 13(3) Brussels Convention. The conclusion of the contract was preceded by an express offer or an advertisement from the defendant in Austria. An advert on SAT-Teletext is enough in this regard. The plaintiff took the necessary legal steps for the conclusion of the contract in Austria. Thus the Austrian courts are competent.