Oberster Gerichtshof, Urteil vom 13/12/2002 10 Nc 108/02t
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:0100NC00108.02T.1213.000
Date: 2002-12-13
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82002AT1213(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The applicant, a transport company, demanded shipping costs from the respondent, domiciled in Spain, for the shipment of goods from Spain to Austria. The applicant applied to the OGH (AT) for a determination of the court with local jurisdiction for its intended action. It alleged that the Austrian courts had international jurisdiction pursuant to Article 31(1)(b) CMR because it had delivered the goods to Austria for the respondent. It also alleged that because Austrian law did not provide for a court with local jurisdiction, the locally competent court must be determined by the OGH by way of ordination.
The OGH grants the application. The Austrian courts have international jurisdiction for the action pursuant to Article 31(1)(b) CMR. According to this provision, within the scope of application of the CMR, the courts at the place designated for delivery of the goods have international jurisdiction for legal proceedings arising out of contract of carriage. Thus, recourse may not be made to Article 5(1)(b) Brussels I Regulation in order to determine local jurisdiction. Article 31 CMR only governs international jurisdiction. Local jurisdiction must be determined according to the autonomous rules of civil procedure of the forum state. On the suggestion of the respondent, the OGH holds that the Bezirksgericht of Schwechat (AT), in whose territory the goods were designated for delivery, has jurisdiction.