Oberster Gerichtshof, Urteil vom 12/09/2002 6 Ob 218/02f
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:RS0116773
Date: 2002-09-12
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82002AT0912(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
A German court ordered supervision of an Austrian citizen, living in Germany, based on his depressive mental problems. Following his repatriation to Austria, the Austrian court of first instance took over the assigned supervision proceedings and appointing an Austrian guardian. On the subsequent appeal, based on lack of jurisdiction in determining the residence of the supervised person, the court of appeal overturned the decision by the court of first instance to take over the supervision proceedings because the ruling of the German court was not valid in Austria due to a lack of international regulation.
The OGH (AT) holds that the recognition of a decision by a German court to appoint a guardian is not provided for by the Brussels Convention, since Article 1 Brussels Convention expressly excludes decisions concerning the status or legal capacity of natural persons. Brussels I Regulation provides the same.