Oberster Gerichtshof, Beschluß vom 25/04/2001 3 Ob 267/00m
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:RS0115225
Date: 2001-04-25
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82001AT0425(06)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff rented a piece of land situated in Hungary to the defendant residing in Austria. He requests from his leaseholder the price of the lease wrongfully held back. Whereas the court of first instance (AT) considered itself as the court at the domicile of the defendant generally competent, the court of appeal determined that exclusive jurisdiction is at the place where the real estate is situated.
The OGH (AT) finds that up to now, the jurisdiction of the court at the place where the object is situated could only be applied to immovable properties leased inside the country, since the national legislator cannot designate a court situated abroad as competent court. Article 16(1) Brussels Convention which provides for an exclusive competence at the place where the asset is situated is not directly applicable to an immovable property situated in a non Contracting State to the Brussels Convention, in this case Hungary. Also an indirect effect leading to an exclusive jurisdiction of the courts of the non Contracting State is not to be assumed as otherwise the plaintiff lessor would receive a judgment, which could not be enforced at the seat of the defendant, here in Austria. The enforcement of a debt against an Austrian citizen is generally to be imposed in Austria and also be enforced there. Thus the international jurisdiction of the court of the domicile of the defendant shall be affirmed.