Oberster Gerichtshof, Urteil vom 04/07/2003 7 Nc 24/03v
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:0070NC00024.03V.0704.000
Date: 2003-07-04
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82003AT0704(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The applicant, domiciled in Austria, was informed by a company, having its seat in Germany, that she had won a sum of money in a sweepstake. However, the German company refused to pay out the prize as a precondition for payment was an order of goods. The applicant held that she could bring an action in Austria according to Article 5 Brussels Convention. As the Austrian legal order does not contain any provisions on the local jurisdiction over the action, she applied to the OGH (AT) for a determination of the court having local jurisdiction.
The OGH (AT) holds that the Brussels I Regulation applies and finds that the proceedings the applicant seeks to initiate concern a matter relating to a consumer contract within the meaning of Article 15(1) (c) Brussels I Regulation. According to Article 16(1) Brussels I Regulation, a consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or in the courts for the place where the consumer is domiciled. Now, contrary to the provision within the Brussels/Lugano Convention, the Brussels I Regulation also determines local jurisdiction with regard to actions by the consumer. Thus, the court at the domicile of the plaintiff has local jurisdiction.