Oberster Gerichtshof; 2021-02-04; 5 Ob 11/21k
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2021:0050OB00011.21K.0204.000
Date: 2021-02-04
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82021AT0204(51)_ENG_SUMJURE
JURE summary
JURE summary
Two private persons domiciled in Austria (hereinafter ‘the plaintiffs’) demanded to be refunded the purchase price for a car manufactured in Germany by a German company group (hereinafter ‘the defendant’) due to emissions readings manipulation.
According to the plaintiff, the international and local jurisdiction of the Landesgerichts Klagenfurt (hereinafter ‘the Court of First Instance’) regarding an action relying on tortious claims for compensation followed from Article 7(2) of the Brussels I Regulation (recast) (1).
The defendant contested the international and local jurisdiction.
The Court of First Instance dismissed the action.
The Oberlandesgericht Graz (hereinafter ‘the Court of Appeal’) upheld the appeal of the plaintiff stating that the Court of First Instance held jurisdiction.
Subsequently, the defendant filed a revision against the decision with the Oberstes Gerichtshof (hereinafter ‘the Supreme Court’).
The Supreme Court decided to stay the revision proceedings until the Court of Justice of the European Union (hereinafter ‘CJEU’) had made a ruling in the preliminary ruling proceedings Case C-343/19. The CJEU decided (2) that in relation to emissions manipulation, Article 7(2) of the Brussels I Regulation (recast) was to be interpreted in the way that the place where the harmful event occurred was in the Member State where the customer purchased the car.
The CJEU further concluded that the primary damage is incurred only upon the acquisition of the respective item by the injured party from the respective third person.
The Supreme Court dismissed the revision of the defendant. The proceedings were referred back and resumed by the Court of First Instance.
(1) 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.
(2) Judgment of the Court of Justice of 9 July 2020, Verein für Konsumenteninformation v Volkswagen AG, C-343/19, ECLI:EU:C:2020:534.