Oberster Gerichtshof, Beschluß vom 20/06/2000 3 Ob 92/00a
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2000:RS0113993
Date: 2000-06-20
Subject matter: Lugano Convention
Origin: Austria

82000AT0620(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff is appointed by the husband of the defendant by will as sole heir. He seeks the establishment before an Austrian court that a prenuptial agreement and a testament concluded previously between the defendant and her husband is not valid. The defendant raises an objection of lis pendens on the basis of proceedings instituted by her in Switzerland against the plaintiff, whereby she seeks a declaration that the testament is not valid.
The OGH (AT) finds – as already decided by the courts of lower instance – that the Lugano Convention is not applicable to the question of lis pendens concerning these inheritance claims since according to Article 1(1) Lugano Convention, succession law does not at all fall within the scope of the Convention.