Oberlandesgericht Graz, Urteil vom 28/07/1999 2 R 68/99h
Decision by national courts in the field of European Union law — ECLI:AT:OLG0639:1999:RG0000021
Date: 1999-07-28
Subject matter: Lugano Convention
Origin: Austria

81999AT0728(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant domiciled in Austria lodged a claim against the defendant domiciled in Germany before the Landesgericht for civil law matters in Graz (AT) pleading the right to the supplement of a statutory portion. This followed from the fact that the claimant’s father had gifted his entire wealth, which consisted of half of an ideal immovable property in Austria, to the defendant on the event of his death. The defendant challenged the local and international jurisdiction of the Landesgerichts of Graz (AT), which in turn dismissed the claim due to a lack of international jurisdiction. The claimant lodged an appeal with the Oberlandesgericht of Graz (AT) against this decision.
The Oberlandesgericht finds the appeal unjustified. International jurisdiction in this case, as opposed to the claimant’s assertions, is not to be determined according to Article 16(1) Lugano Convention. This place of jurisdiction is only applicable if the processual subject-matter consists of rights in rem on immovable property. The right to the supplement of a statutory portion pleaded by the claimant is however of a purely obligatory nature, even though the claim refers to inland immovable property. Furthermore, as a result of Article 1(2)(1) Lugano Convention, the claim does not fall within the scope of application of the Convention, because the claim to a right to the supplement of a statutory portion is an inheritance claim and gifts, which are subject to rules on inheritance, such as that in the present case on the event of death, are not encompassed by the Lugano Convention. As a consequence, the defendant’s domicile, which is not in Austria, is decisive for the determination of international jurisdiction. The appeal is therefore unjustified.