Oberster Gerichtshof, Beschluss vom 16/07/2008 16 Ok 3/08
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2008:RS0123881
Date: 2008-07-16
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82008AT0716(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
A dispute arose between the applicant, an association of Austrian saw mills, and the German respondent, which administers the forest area of the Bavarian State, with regard to special terms for the purchase of wood which the respondent had granted to a German woodworking company. The applicant applied to the Austrian courts seeking that the respondent was ordered to refrain from granting special terms by way of an injunction based on the Austrian Local Supply Act, as its members were excluded from the purchase of wood under the special terms.
The OGH (AT) affirms the international jurisdiction of the Austrian courts. It holds that the proceedings can be qualified as civil proceedings within the meaning of the Brussels I Regulation according to the autonomous interpretation which is imperative in this case, even though basically provisions of antitrust law are relevant for an action for an injunction according to the Austrian Local Supply Act. As besides the granting of provisional, including protective, measures is sought, the court finds that Article 31 Brussels I Regulation refers to domestic Austrian law for the determination of the international jurisdiction of the Austrian courts. The party at risk has the right to choose between a forum provided by Articles 2 to 24 Brussels I Regulation or one provided by Austrian law according to Article 31 Brussels I Regulation; the court states that Austrian law provides such a forum. Insofar as the ECJ requires the existence of a real connecting link between the forum of the measures sought and the territorial jurisdiction of the Member State of the court seised, the requirement is fulfilled in this case, even though all the facts of the case arose outside Austria. According to the ECJ, provisional, including protective, measures do not have to only relate to domestic conduct.