Oberster Gerichtshof; 2018-04-26; 6 Ob 69/18t
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2018:0060OB00069.18T.0426.000
Date: 2018-04-26
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82018AT0426(51)_ENG_SUMJURE
JURE summary
JURE summary
The case concerns an action brought before the Landesgericht Klagenfurt (hereinafter ‘the Court of First Instance’) by S. GmbH (hereinafter ‘the plaintiff’), established in Austria, against a consumer W.T. (hereinafter ‘the defendant’). The plaintiff performed work in a house located in Austria, of the defendant domiciled in Germany, and filed a complaint against the remuneration of EUR 17_868.72.
The defendant appealed to the Oberlandesgericht Graz (hereinafter ‘the Court of Appeal’), challenging the international jurisdiction of the Court of First Instance.
The Court of First Instance, as well as the Court of Appeal, ruled that the Court of First Instance was not internationally competent given that the plaintiff also extended his 'professional or commercial activity' to Germany pursuant to Article 17(1)(c) of the Brussels I Regulation (recast) (1), the defendant was domiciled in Germany and the consumer protection provisions of this Regulation were applied. Consequently, the jurisdiction of the German courts (according to the jurisdiction over consumer contracts) was established.
The plaintiff lodged an appeal to the Obersten Gerichtshof (Supreme Court), which was rejected on the basis of a lack of a substantive legal issue pursuant to Article 528(1) of the ZPO (2).
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) Zivilprozessordnung (Code of Civil Procedure).