Oberster Gerichtshof, Urteil vom 17/11/2000 9 Nd 512/00
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2000:0090ND00512..1117.000
Date: 2000-11-17
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82000AT1117(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff booked on the 28.8.1999 a trip to Tunisia, for her and her husband for their honeymoon, in the business premises of a travel agency in Villach (AT). The organiser of this trip was the legal predecessor of the defendant domiciled in Germany. The plaintiff brought a claim for payment on the basis of deficiencies during the trip. She considers that it concerns a consumer matter and requests the determination of the court of her domicile as court locally competent.
The OGH (AT) finds that the concept of consumer shall be determined autonomously. The specific rule in Article 13 et seq. Brussels Convention is based on the interest to protect the consumer as the economically weaker and legally less experienced contractual partner. For that reason the latter’s decision to institute proceedings for the protection of his rights shall not be aggravated by a need to bring an action before the courts of the State in which his co-contracting partner has its establishment. These provisions refer to the final private consumer acting outside his trade or profession. One shall consider here such a private relationship. Since a consumer matter within the meaning if Article 13 et seq. Brussels Convention is at hand, the jurisdiction at the domicile of the consumer shall be affirmed pursuant to Article 14 Brussels Convention.