Oberster Gerichtshof, Urteil vom 18/11/2003 1 Ob 228/03s
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:RS0118304
Date: 2003-11-18
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82003AT1118(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
In 1993, the owner of a hotel, a tour operator and its liability insurance were ordered before a French court to pay an indemnity to a tourist as the joint and several debtors. The court determined, moreover, that the hotelier had to indemnify the tour operator in respect of the damages, as he was liable for the injury of the tourist. The insurance indemnified the tourist and brought a claim for recourse against the owner of the hotel before the Austrian courts. It requested, under reference to Article 26(3) Brussels Convention, the recognition of the French decision, in which the parties had been established as joint and severally liable debtors. The Court of First Instance and the Court of Second Instance recognised the french judgment as enforceable and accepted the claim of the plaintiff.
The OGH (AT) confirms the French decision can be recognised, and notes the binding effect of the declarations contained in it, under Article 26(3) Brussels Convention. The joint and several liability of the parties, established by the French decision, is a requirement for the raising of the regress action. The Brussels Convention – similarly to the Lugano Convention – had, at the time the action was raised before the French court, not yet come into force in Austria. The recognition is possible, however, under Article 54(2) Brussels Convention. Under this Article, one may revert to the bilateral agreement dated 15 July 1966 between Austria and France on the recognition and enforcement of court decisions and public documents in the area of civil and trade law, whereby the French court is vested with international jurisdiction as a result of the defendant entering an appearance.