Oberster Gerichtshof, Urteil vom 15/05/2001 9 Nd 506/01
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:0090ND00506.01.0515.000
Date: 2001-05-15
Subject matter: Lugano Convention
Origin: Austria

82001AT0515(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a music student domiciled in Austria, intended to sue the defendant, a personal undertaking domiciled in Switzerland, for the reimbursement of a certain amount. The defendant had registered to an international course and examination for prospective conductors in Sofia (BG). The plaintiff had registered and paid the fees for the course. Thereafter, he withdrew his registration. He only got back part of the paid attendance fee. The plaintiff requested the OGH (AT) to determine the competent Austrian court and founds the international jurisdiction of the Austrian courts on Articles 13 (1)(3) Lugano Convention.
The OGH finds that the claim of the plaintiff contains neither the affirmation that an express offer and an advert preceded the conclusion of the contract in Austria (Article 13(1)(3)(a), neither if, respectively which, legal steps that were necessary for the conclusion of the contract have been taken by the consumer in Austria (Article 13(1)(3)(b)). Thus the requirements in Article 13(1)(3)(a) and (b) Lugano Convention which must be cumulative, are not at hand, and this is why the Austrian international jurisdiction cannot be founded on a consumer matter.