Landesgericht, Urteil vom 12/03/1997 1 R 123/97i
Decision by national courts in the field of European Union law — ECLI:AT:LG00929:1997:RFE0000003
Date: 1997-03-12
Subject matter: Lugano Convention
Origin: Austria

81997AT0312(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiffs, as owners of a piece of land situated in Austria, claim before an Austrian court, the payment of operating costs for the parking area situated on their land, from the defendant domiciled in Germany. The basis for the claim is a contract for an easement. The court of first instance declares itself incompetent in the absence of a lease or tenancy within the meaning of Article 16(1)(a) Lugano Convention.
The LG Feldkirch (AT) finds first that Article 16(1)(a) shall be interpreted narrowly. Thus, concerning the rights resulting from the present contract for an easement, the court of the place of the situs of the property does not have jurisdiction. This also applies where the dispute, as in this case, concerns similar questions to those in a case of a lease or tenancy agreement.