Oberster Gerichtshof, Urteil vom 02/05/2002 8 Nd 504/02
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:0080ND00504.02.0502.000
Date: 2002-05-02
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82002AT0502(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff concluded a contract in Austria with a tour operator, having its seat in Germany, regarding the booking of a private holiday trip for herself and her family. As she subsequently sought to commence proceedings due to defects of the trip, she applied to the OGH (AT) for a determination of the court having local jurisdiction.
The OGH (AT) holds that the matter relates to a consumer contract according to Article 13(3) Brussels Convention. The concept of consumer contract has to be interpreted in an autonomous way. The special provisions within Articles 13 et seq. Brussels Convention have the objective of protecting the consumer as the economically weaker and legally less experienced party. As in this case the plaintiff neither acted within her trade nor her profession, the matter relates to a consumer contract within the meaning of Article 13 et seq. Brussels Convention. Thus, pursuant to Article 14 Brussels Convention, the plaintiff may commence proceedings in the State of her domicile, i.e. Austria. As Article 14 only regulates international jurisdiction, local jurisdiction is established according to national law. As Austrian law lacks a respective provision, the OGH has to determine the court having local jurisdiction.