Oberster Gerichtshof, Beschluß vom 23/02/1999 1 Ob 361/98i
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:1999:RS0111660
Date: 1999-02-23
Subject matter: Lugano Convention
Origin: Austria

81999AT0223(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The defendants who are not domiciled in Austria have inherited a real estate situated in Austria. The plaintiff claims that the deceased had intended to transfer the property to the plaintiff by “legacy” (more precisely “codicil”) of 09.11.1997 and claims the restitution of the real estate.
The OGH (AT) considers that the Lugano Convention does not apply. Indeed Article 1(2)(1) Lugano Convention excludes its application among other in the area of wills and succession. In this case, the question whether a valid codicil was established in favour of the plaintiff, authorising him to claim the restitution of the real estate by the heirs, is to be established. Such an action is however linked to the area of “wills and succession” excluded from the scope of the Lugano Convention.