Oberster Gerichtshof, Urteil vom 04/09/2001 5 Nd 510/01
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:0050ND00510.01.0904.000
Date: 2001-09-04
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82001AT0904(03)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The applicant, an Austrian model agency, and the respondent, a model domiciled in Poland, concluded an agency agreement. Therein, they agreed that disputes arising from the contract would be submitted to an arbitration court in Vienna (AT) and that Austrian law was applicable. The applicant commenced arbitration proceedings before the international arbitration court of the chamber of commerce of Austria against the respondent, seeking to prohibit that other persons be entrusted with the personal management of the respondent. Furthermore, it applied before the district court of Vienna (AT) for an interim injunction as protective measure, as well as for the determination of jurisdiction. It asserted that a contractual prorogation of an Austrian arbitration court established jurisdiction in Austria over interim injunctions, according to Article 17 Brussels Convention.
The OGH (AT) dismisses the application. It holds that matters relating to arbitration are excluded from the scope of the Brussels/Lugano Convention by Article 1(2)(4). The application of Article 24 Brussels/Lugano Convention is therewith not precluded in relation to a case to which an arbitration agreement applies. However, Article 24 does not create an additional jurisdiction of the Contracting States, but merely leaves provisions in national law relating to interim measures untouched. That rule therefore does not create an obligation upon Austria to exercise jurisdiction, unless there is jurisdiction according to national rules. This is not the case here. Hence, the alleged obligation of Austria to allow interim judicial protection does not exist.