Oberster Gerichtshof, Urteil vom 08/06/2000 9 Nd 506/00
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2000:RS0113897
Date: 2000-06-08
Subject matter: Lugano Convention
Origin: Austria

82000AT0608(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff is planning to bring an action against the defendant, a company seated in Switzerland. He booked at a German travel agency a package holiday for Siam/Thailand with the defendant party. He claimed rights and compensation on the basis of deficiencies of the trip. According to the opinion of the plaintiff, the jurisdiction of the court of his Austrian domicile is established pursuant to Article 14 Lugano Convention, since the travel contract is a consumer matter within the meaning of Article 13(3) Lugano Convention.
The OGH (AT) finds that no offer was made in Austria, which is the State of the consumer’s domicile (Article 13(3) (a)). Indeed, it is not necessary that an “advert” was the direct cause of the conclusion of the contract but the advert must have preceded the conclusion of the contract and emanate from the service provider. For the final decision it is however irrelevant if the last mentioned requirements apply in this case, since the required additional cumulative conditions of Article 13(3) required for the conclusion of the contract, that is the completion by the consumer of legal acts in his State of residence (Article 13(3) (b)), are missing. The plaintiff did not book the trip in Austria but in Germany. Thus, it is no consumer matter within the meaning of Article 13 Brussels Convention.