Oberster Gerichtshof, Urteil vom 17/01/2002 2 Nd 501/02
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:0020ND00501.02.0117.000
Date: 2002-01-17
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82002AT0117(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff booked a package holiday on offer from the defendant, having its seat in Germany, in the offices of a travel agent in Vienna (AT). The booking was preceded by the defendant advertising in Austria. The plaintiff intended to bring an action before the Austrian courts for a price reduction and applied for the determination of the locally competent court by the OGH (AT).
The OGH (AT) holds that a consumer contract in the sense of Article 13(3) was formed, as the plaintiff is domiciled in Austria and the contract was concluded there. Further, the defendant’s advertisements in Austria preceded the conclusion of the contract. However, Article 13 et seq. Brussels Convention do not regulate territorial jurisdiction. Thus, the OGH shall determine the territorial jurisdiction.