Oberster Gerichtshof, Urteil vom 25/10/2000 8 Nd 502/00
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2000:0080ND00502..1025.000
Date: 2000-10-25
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82000AT1025(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff, a gardener, ordered from the defendant party seated in Germany, some frozen horse semen. Since the latter was not sent properly, according to the provisions of the EU, it could not be used for the insemination in Austria. The plaintiff argued that damages resulted from that and seeks the determination of the court of his domicile as court having jurisdiction, pursuant to Articles 13 and 14 Lugano Convention.
The OGH (AT) finds on the one hand that the temporary scope of the Brussels Convention applies. The contract concluded by the plaintiff is a consumer matter within the meaning of Article 13 Brussels Convention, since the breeding of horses is not part of the gardener’s professional activities. According to Article 14 Brussels Convention, the claim of the consumer can be brought against the other contracting party before the court of the Contracting State, in which the consumer is domiciled.