OGH; 2019-05-21; 5 Ob 52/19m
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2019:0050OB00052.19M.0521.000
Date: 2019-05-21
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82019AT0521(51)_ENG_SUMJURE
JURE summary
JURE summary
The case concerns a dispute between an owner of an apartment situated in Austria (hereinafter 'the plaintiff') and a company established in the United Kingdom (hereinafter 'the defendant') which owns an apartment in the same house. However, it uses the residential dwelling for tourism purposes by renting it out regularly to tourists.
The plaintiff brought an action before the Bezirksgericht Zell am See (hereinafter 'the Court of First Instance') for an injunction to cease and desist from the unlawful and, in the absence of the consent of the other owners, unauthorised tourist use which adversely affects the applicant's right to own and reside in his flat. The plaintiff relied on the jurisdiction of Article 24(1), first subparagraph, first alternative, of the Brussels I Regulation (recast) (1). The defendant then raised a plea against the local and international jurisdiction. The Court of First Instance declared that it had no local or international jurisdiction. Subsequently, the Salzburg Regional Court (hereinafter ‘the Court of Appeal’) amended the decision of the Court of First Instance and rejected the plea of lack of jurisdiction. Following this, the defendant appealed to the Oberster Gerichtshof (Supreme Court), which referred questions to the Court of Justice of the European Union (CJEU)  concerning firts subparagraph, first alternative of Article 24(1) and Article 7(1)(a) of the Brussels I Regulation (recast) and stayed the proceedings until receipt of the CJEU's preliminary ruling.
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.