Oberster Gerichtshof, Urteil vom 11/05/2000 7 Ob 92/00f
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2000:RS0113609
Date: 2000-05-11
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82000AT0511(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff domiciled in Austria claims damages before the Austrian court against the defendant domiciled in Germany, on the basis of a damage suffered during a flight operated by the defendant. This flight formed part of a trip that the plaintiff had booked in an Austrian travel agency. This is why, according to the plaintiff, the Austrian court has jurisdiction. The court of first instance rejected its jurisdiction. The court of appeal affirmed this referring to the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention).
The OGH (AT) considers that the Warsaw Convention is applicable since priority is given to it over the Brussels Convention pursuant to Article 57 Brussels Convention since it is a convention on a particular matter. For claims brought as in this case against an air carrier on the basis of Articles 17 et seq. of the Warsaw Convention, the rules on jurisdiction contained in this convention are exclusively applicable. According to them, jurisdiction is situated in Austria.