Oberster Gerichtshof; 2018-01-30; 2 Ob 3/18g
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2018:0020OB00003.18G.0130.000
Date: 2018-01-30
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82018AT0130(51)_ENG_SUMJURE
JURE summary
JURE summary
The case concerns an action filed at the Landesgericht Ried im Innkreis, Austria (hereinafter ‘the Court of First Instance’) by RSH (hereinafter ‘the plaintiff’) against RH (hereinafter ‘the defendant’), established in Germany, for permission for the revocation of a right.
The case was further tried before Oberlandesgericht Linz (hereinafter ‘the Court of Appeal’). By the decision of 30 November 2017, the Court of Appeal upheld the decision of the Court of First Instance of 30 October 2017. Subsequently, the plaintiff filed an appeal at the Obersten Gerichtshof in Vienna (hereinafter ‘the Supreme Court’).
The Supreme Court dismissed the appeal in accordance with the first sentence of Article 526(2) of the ZPO (1), citing the inapplicability of Article 24(1) of the Brussels I Regulation (recast) (2) in the present case, according to which ‘in proceedings which have as their object rights in rem in immovable property’ the exclusive jurisdiction shall have ‘the courts of the Member State in which the property is situated’. However, the plaintiff did not assert his rights in rem in immovable property but relied on his contractual relationship with the defendant.
(1) Zivilprozessordnung (Code of Civil Procedure).
(2) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.