Oberster Gerichtshof, Urteil vom 18/07/2000 4 Ob 180/00z
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2000:RS0113889
Date: 2000-07-18
Subject matter: Lugano Convention
Origin: Austria

82000AT0718(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff which has a domicile in Austria claimed a right for damages against the defendant, a German company. The latter had promised him an employment contract with a company, which it was about to acquire; whereupon the plaintiff had terminated his management contract with another company. The plaintiff alleged that the acquisition of the company was only pretended by the defendant; however it did not warn him before the termination of his existing contract. The court of appeal allowed the revision for clarification of a relevant law issue.
The OGH (AT) considers first that the validity of a choice of forum agreement in a trust agreement between the parties also for the rest of their legal relationships requires a connection, which is not sufficiently presented. For the jurisdiction at the place of performance according to Article 5(1) Lugano Convention, the place of performance of the obligation of the employment contract which was not concluded, is not relevant, but the breach of the obligations to give information in the context of the negotiations of the respective contract is. The claim resulting therefrom by virtue of the culpa in contrahendo can be invoked as a contractual obligation before the court of Article 5(1) Lugano Convention, whereby the relevant obligation is the one to give information. Its place of performance is regularly the place of the contract’s negotiations. Thus a relevant law issue is not at hand.