Oberster Gerichtshof, Urteil vom 11/12/2001 10 Nd 517/01
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:0100ND00517.01.1211.000
Date: 2001-12-11
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82001AT1211(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff domiciled in Austria reserved for himself and his wife a trip to Mauritius, offered by the defendant domiciled in Germany. The reservation of the trip was concluded in an Austrian travel agency. Following different problems with the accommodation, the plaintiff sued the defendant before an Austrian court for the reduction of the price. He founded the jurisdiction of the court seised on Article 13(1)(3) Brussels Convention.
The OGH (AT) finds that this case concerns a consumer matter within the meaning of Articles 13 et seq. Brussels Convention. The concept of consumer must be interpreted autonomously. The provisions refer to the final private consumer, acting for purposes outside his trade or profession, who has concluded a contract within the meaning of Article 13 and who according to Article 14 is party to the legal proceedings. In the present case such a private relationship is considered to be at hand. Thus, it results in the jurisdiction of the Austrian courts.