Oberster Gerichtshof, Urteil vom 16/09/1999 6 Ob 181/99g
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:1999:RS0112541
Date: 1999-09-16
Subject matter: Lugano Convention
Origin: Austria

81999AT0916(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
In the context of a cross-border dispute before the Austrian courts, the plaintiff founds its claim on a business-cooperation agreement concluded with the defendant. It argued that the manager of another company (a legally independent subsidiary of the defendant) identified himself with the interests of the defendant and thus claims the international jurisdiction on the basis of Article 5(5) Lugano Convention.
The OGH (AT) finds that it does not result from the argumentation of the plaintiff that the agreement which forms the basis of the claim arose out of the “operations of a branch”. The special jurisdiction of Article 5(5) Lugano Convention supposes the existence of legally dependant branch, agency or other establishment in the Contracting State which courts are seised. Besides, the pending disputes in the State of the seat of the establishment shall arise out of the “operations of the branch”. Thus it must concern – apart from the other cases which are not to be taken into account here – obligations that the subsidiary accepted in the name of the mother company.