Oberster Gerichtshof, Urteil vom 23/01/2003 8 Ob 239/02h
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:0080OB00239.02H.0123.000
Date: 2003-01-23
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82003AT0123(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
On the occasion of a dispute concerning jurisdiction at the place of performance according to Article 5(1) Brussels Convention, the OGH (AT) holds that the assertion of secondary claims because of default, conversion or cancellation, is dependent on the place of performance of the underlying contractual obligation, the non-fulfilment of which is argued as the reason for the claim. Thus, conformity is established between the prevailing doctrines and the jurisprudence of the ECJ, while the differing decisions of the OGH from 1998 have been rendered obsolete.