Oberster Gerichtshof, Urteil vom 12/11/2002 14 Os 118/02
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:RS0117214
Date: 2002-11-12
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82002AT1112(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff having its seat in Austria felt aggrieved due to a publication by a German media company and sought that the company was ordered to pay damages for libel  according to to Para. 6 et seq. of the Austrian Media Act (MedienG). Para. 50 of the Austrian Media Act excludes such sanctions against foreign media companies; however, according to the plaintiff, the Brussels Convention supersedes this provision. The Austrian criminal court stayed the proceedings. The appeal lodged against this decision was dismissed on the ground that Para.50 of the Austrian Media Act was not a jurisdiction provision but an exlusion according to substantive law. Thereupon, the public prosecutor brought a nullity appeal asserting that libel by the media was a tort, delict or quasi-delict within the meaning of Article 5(3) Brussels Convention, over which the courts at the place where the circulation of the publication occurred had international jurisdiction.
The OGH (AT) dismisses the appeal. It holds that disregarding their aspects in tort, claims for damages according to Para. 6 et seq. of the Austrian Media Act are not civil law claims. Rather, their award constitutes a conviction and the sum of damages constitutes a sanction according to the Austrian code of criminal procedure. Thus, the competent criminal court has no possibility to dismiss a case by reference to the international jurisdiction of a foreign court according to Article 5(3) Brussels Convention. In this case, damages according to Para. 50 of the Austrian Media Act were justly denied. It is not apparent that the Brussels Convention is affected in its practical effects by this decision.