Oberster Gerichtshof, Urteil vom 26/03/2003 3 Ob 40/03h
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:RS0117661
Date: 2003-03-26
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82003AT0326(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff obtained a personally addressed, written prize notification from the defendant, having its seat in Germany. When she claimed the prize, she also ordered goods from the defendant. Subsequently she brought an action before an Austrian court against the defendant seeking payment of the promised prize. The court of first instance as well as the appellate court dismissed the action for lack of jurisdiction.
The OGH (AT) holds that according to an autonomous interpretation, the claim for payment of a prize (according to Para. 5j of the Austrian consumer protection act) under the condition precedent of an order of goods constitutes an action relating to a consumer contract within the meaning of Article 15 Brussels I Regulation. This was already held by the ECJ (11.7.2002, C-96/00 - Rudolf Gabriel) in relation to Article 13(1) (3) Brussels Convention, which corresponds to Article 15(1) Brussels I Regulation. Hence the action involves a contractual claim for the purpose of Article 5(1) Brussels I Regulation. Thus, the court at the domicile of the plaintiff consumer has jurisdiction according to Article 16(1) Brussels I Regulation.