Oberster Gerichtshof, Urteil vom 14/02/2001 9 ObA 322/00v
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:009OBA00322.00V.0214.000
Date: 2001-02-14
Subject matter: Lugano Convention
Origin: Austria

82001AT0214(03)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
A decision sentenced the plaintiff, residing in London (UK), to pay the legal costs was obtained in Austria. The issue was whether the decision could be enforced against the plaintiff in the United Kingdom and whether the latter was actually domiciled there.
The OGH (AT) finds that, since the plaintiff has no domicile in Austria, the legal issue whether the plaintiff has a domicile in London according to Article 52(2) Lugano Convention, shall be examined according to the law in the United Kingdom and therefore be affirmed, as the plaintiff has no domicile in Austria. The OGH explains that according to the legal definition of Article 25 Lugano Convention, the decisions sentencing to the payment of the legal costs also fall within the concept of “legal decision”.