OGH; 2022-09-06; 2 Ob 121/22s
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2022:0020OB00121.22S.0906.000
Date: 2022-09-06
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82022AT0906(51)_ENG_SUMJURE
JURE summary
JURE summary
A private person filed an action against two people domiciled in Italy (hereinafter ‘defendant 1’ and ‘defendant 2’) demanding the payment of EUR 99,290.
The Oberlandesgericht Graz dismissed the appeal of defendant 2. Defendant 2 entered an appearance upon sending its reply to the plaintiff’s petition, with the reply not contesting the jurisdiction in any way.
The extraordinary revision filed by defendant 2 with the Oberstes Gerichtshof (hereinafter ‘the Supreme Court’) was dismissed for failing to meet the preconditions set out in Article 528(1) of the ZPO (1).
Article 26 of the new Brussels II Regulation (2) provides that such a court of a Member State holds international jurisdiction before which the defendant enters an appearance without contesting the jurisdiction. Such objection must already be made in a statement which is seen as the first defence statement under the domestic procedural laws. Every defence aiming to achieve the dismissal of the petition of the suing party is considered entering an appearance. In this case, defendant 2 entered an appearance by sending the reply to the plaintiff’s petition. Entering an appearance without contesting the jurisdiction gives rise to both the international and local jurisdictions.
(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.