Oberster Gerichtshof, Beschluß vom 23/02/1998 3 Ob 380/97x
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:1998:RS0110066
Date: 1998-02-23
Subject matter: Lugano Convention
Origin: Austria

81998AT0223(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, an Austrian company, commenced proceedings before the Austrian court at its seat against a Turkish company seeking a refund of overpaid freight costs. It contended that the Austrian courts had international jurisdiction due to a respective agreement between the parties. For this purpose, it referred to agreements which had been stipulated after the entry into force of the Lugano Convention in Austria. The lower courts dismissed the action before its service on the defendant on the ground that the documents presented by the plaintiff did not prove that the Austrian courts had international jurisdiction. The plaintiff appealed to the OGH (AT).
The OGH (AT) states that the question whether the Lugano Convention is applicable to a jurisdiction agreement by which a party having its seat in a Contracting State of the Lugano Convention and a party from a non-contracting State stipulate that the courts at the seat of the party in the Contracting State shall have jurisdiction, is controversial. According to the prevailing opinion established by the OGH, such a jurisdiction clause only falls within the scope of the Convention where it additionally displays a close connection to another Contracting State. The OGH follows this opinion and holds that the Lugano Convention does not apply in the present case. It finds that according to the provisions of domestic Austrian law of civil procedure, which are thus applicable, the plaintiff has failed to prove that a valid jurisdiction agreement was concluded. As international jurisdiction over the action against a party having its seat in Turkey cannot be established otherwise either, the OGH dismisses the appeal.