Oberlandesgericht, Urteil vom 07/01/1997 4 R 308/96k
Decision by national courts in the field of European Union law — ECLI:AT:OLG0009:1997:00400R00308.96K.0107.000
Date: 1997-01-07
Subject matter: Lugano Convention
Origin: Austria

81997AT0107(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff having its seat in Austria requests before an Austrian court, payment following the delivery of a technical installation, from the defendant, a company having its seat in Germany. The court of first instance considered itself incompetent since the mere reference to a jurisdiction clause, in the general trade conditions contained in an offer, did not suffice for the establishment of a jurisdiction agreement.
The OLG of Vienna (AT) holds that the documents presented by the plaintiff did not mention that its general delivery conditions, containing a jurisdiction clause, were attached to the contract offer. The content of the general trade conditions, which were not even attached to the offer, does not become an element of the contract, even if the offer was accepted. Thus for this very reason, there is no jurisdiction agreement, either in writing or evidenced in writing, within the meaning of Article 17(1)(a) Lugano Convention.