Oberster Gerichtshof, Urteil vom 10/07/2001 4 Ob 66/01m
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:RS0115593
Date: 2001-07-10
Subject matter: Lugano Convention
Origin: Austria

82001AT0710(05)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The first plaintiff domiciled in Switzerland is the owner of the exploitation rights of a stage play; the second plaintiff, an Austrian publishing company, owns, inter alia, the rights of publishing for this play in Austria. Both request from the publishing company, seated in Germany, which received the royalties for the performance of the play in Austria, the rendering of the accounts in this regard as well as the payment of the amounts resulting from this. The court of first instance (AT) considered that the action for accounting was inadmissible, which is why the still undetermined claim for payment has been prescribed. The court of appeal affirmed this decision.
The OGH (AT) finds on the one hand that the plaintiffs have not established an accurate legal qualification of the claim for payment instituted by them. This is why the court seised remains competent for the examination of all possible claims under all legal aspects, even if it is competent only for one of these claims. In the present case, the jurisdiction was affirmed on the basis of a right for damages according to Article 5(3) Lugano Convention. Thus the jurisdiction as to the dispute also concerns the examination of other legal grounds. There remains a right for the plaintiff to claim the examination of the unjust enrichment, which is still not prescribed.