Oberster Gerichtshof, Beschluß vom 13/01/1998 9 NdA 4/97
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:1998:RS0109077
Date: 1998-01-13
Subject matter: Lugano Convention
Origin: Austria

81998AT0113(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant, an athlete domiciled in Austria, filed an application for action for injunction before the Landesgericht of Salzburg (AT) against the International Ski Federation (FIS), domiciled in Switzerland, through which the defendant Ski Federation would be obliged to admit the claimant to the Alpine skiing competitions. According to the competition rules of the Federation, the claimant could not participate in these competitions because, as a result of differences at the Austrian Ski Federation, she had submitted no licence for the current licence year. The Landesgericht of Salzburg declared that it lacked material jurisdiction; a domestic court may only be determined by the OGH (AT). The claimant thereupon filed an application for the determination of the court with local jurisdiction (ordination) before the OGH.
The OGH dismisses the application because Austrian courts do not have international jurisdiction. Article 24 Lugano Convention does not establish an additional requirement for international jurisdiction, but instead leaves only those national rules which deal with interim measures untouched. According to this, the jurisdiction of an Austrian court only arises when national jurisdiction can be established. This is however not the case here. Article 6(1) Lugano Convention also fails in the present case to establish an obligation under international law for ordination on the basis that a legal proceeding in Austria between the claimant and the Austrian Ski Federation is pending and this Ski Federation is to be viewed as a joined party to the defendant. A common decision over a proceeding on the main claim and an autonomous proceeding for the order of interim measures does not come into consideration under Austrian law. Article 5(3) may also not be invoked in this case, because no concrete right was secured through the applied for measure. An ordination may not be carried out, because Austrian courts do not have jurisdiction.