Oberster Gerichtshof, Urteil vom 14/11/2003 7 Nc 70/03h
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:0070NC00070.03H.1114.000
Date: 2003-11-14
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82003AT1114(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff sought payment of freight costs from the defendant, having its seat in Belgium, for the international carriage of goods by road between Vienna (AT) and Brussels (BE). As the defendant's forum of domicile was not located in Austria, the plaintiff applied to the OGH (AT) for a determination of the court having local jurisdiction.
The OGH (AT) affirms the international jurisdiction of the Austrian courts according to Article 31(1) (b) Convention on the Contract for the International Carriage of Goods by Road (CMR). Article 5(1) (b) Brussels I Regulation does not apply to contracts for carriage which are governed by the CMR. The provisions of the CMR have primacy over this provision according to Article 71 Brussels I Regulation.