Oberster Gerichtshof, Urteil vom 15/04/2002 2 Nd 505/02
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:RS0116365
Date: 2002-04-15
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82002AT0415(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff went to the OGH (AT) to initiate proceedings against the defendant, a company domiciled in Germany. The plaintiff intended to bring a demand for damages from the defendant for breach of contract, alleging that the defendant had breached a travel contract formed between the parties through an Austrian travel agency. With her petition to the OGH, the plaintiff requests a declaration of local jurisdiction of the court over the dispute.
The OGH finds the request for determination of jurisdiction to be without merit. According to the pleadings of the plaintiff, the conditions of Article 15(1)(c) Brussels I Regulation are present. The rules of jurisdiction are provided in Section Four of the Regulation. Article 16(1) Brussels I Regulation states that proceedings may be brought before the court for the place where the consumer is domiciled. The provision does not only establish international jurisdiction, but also local jurisdiction. A declaration of jurisdiction is therefore not necessary.