Landesgericht Feldkirch, Urteil vom 21/01/2008 2 R 18/08z
Decision by national courts in the field of European Union law — ECLI:AT:LG00929:2008:00200R00018.08Z.0121.000
Date: 2008-01-21
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82008AT0121(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The defendant, domiciled in Germany, deals as small business in used goods which he offers on the internet platform of ebay. The plaintiff is domiciled in Austria. He purchased a used sewing machine from the defendant by auction at ebay. The defendant had not limited his offer to Germany. The plaintiff, who had purchased the sewing machine using the alias "A.", brought an action for warranty. He alleged that the sewing machine, which he had purchased for his private use, had been defective. He commenced proceedings before the Austrian forum for consumer contracts having jurisdiction over his domicile pursuant to Article 16 Brussels I Regulation. The defendant challenged the jurisdiction of the court. He asserted that the plaintiff had identified himself as "A." with an address in Lindau (DE). The sewing machine had also been delivered to that address. The court of first instance dismissed the action for lack of jurisdiction. The plaintiff appealed to the Landesgericht of Feldkirch (AT).
The Landesgericht of Feldkirch (AT) allows the appeal. It reverses the judgment of the court of first instance and remands the case to the latter. It holds that the matter relates to a consumer contract. At auctions on ebay, the offerer makes a binding offer for sale. This offer can be accepted by the party who launches the highest bid within the running time. The sales agreement is concluded with that acceptance. The offerer can determine the area for his offer. The court finds that the defendant directed his offer also to Austria and thus, according to Article 15(1) (c) Brussels I Regulation, to the State of the plaintiff's domicile. The fact that the plaintiff used an alias and gave an address in Germany does not have any effect on this circumstance. Thus, jurisdiction is determined according to Article 16 Brussels I Regulation. Insofar, only the consumer's domicile at the time when proceedings were instituted is relevant.