Oberster Gerichtshof, Urteil vom 11/06/2001 8 Nd 502/01
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:0080ND00502.01.0611.000
Date: 2001-06-11
Subject matter: Lugano Convention
Origin: Austria

82001AT0611(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, domiciled in Austria reserved a trip to France, which organiser was the defendant who was not domiciled in Austria. In order to initiate a claim for the reduction of the price, he requested the OGH (AT) to determine the competent Austrian court. The plaintiff alleges that the Austrian jurisdiction results from Article 14 Lugano Convention respectively Brussels Convention.
The OGH finds that, on the basis of the clear wording of Article 13(1)(3) Brussels Convention, only the consumer, in whose State of residence the contract was advertised or offered and concluded, is protected. In the present case, such circumstances which are relevant for the qualification of consumer matter have been stated neither in the request nor in the joined legal action. Thus, the request for the determination of the Austrian court locally competent must be dismissed.