Oberster Gerichtshof, Urteil vom 23/09/2002 1 Nc 101/02x
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:0010NC00101.02X.0923.000
Date: 2002-09-23
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82002AT0923(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
Following an advertisement in Austria by the tour operator, having its seat in Germany, the Austrian plaintiff booked a one week cruise with that tour operator. Subsequently, she commenced proceedings against the latter before the Austrian courts relating to the contractual relationship. The plaintiff applied for a determination of the Austrian court having local jurisdiction.
The OGH (AT) holds that the matter relates to a consumer contract according to Article 15(1) (c) Brussels I Regulation, as the conclusion of the contract was preceded by advertisements in Austria. The exception for contracts of transport within Article 15(3) does not apply as this case involves a contract of tourism. A contract for a one week cruise provides, for an inclusive price, for a combination of travel and accommodation. Thus, according to Article 16(1) Brussels I Regulation, the action by the consumer against the other party can be brought, inter alia, before the court for the place where the consumer is domiciled. Contrary to Articles 13 et seq. Brussels/Lugano Convention, this provision also regulates local jurisdiction. Thus, a determination by the OGH of the court having local jurisdiction is no longer necessary.