Oberster Gerichtshof, Urteil vom 29/08/2002 8 Ob 166/02y
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:0080OB00166.02Y.0829.000
Date: 2002-08-29
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82002AT0829(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff applied to the Austrian courts seeking that the defendant, domiciled in Luxembourg, was ordered to revoke a letter of guarantee of a credit institution. The plaintiff contended that the Austrian courts had jurisdiction by virtue of Article 5(1) Brussels Convention. The defendant challenged the jurisdiction of the Austrian courts.
The OGH (AT) holds that a defendant who is domiciled in Luxembourg and is sued before the courts of another Contracting State, can challenge the jurisdiction of the court seised due to the reservation against jurisdiction at the place of performance within Article I(1) of the Protocol of 27 September 1968 to the Brussels Convention.