Oberster Gerichtshof, Urteil vom 13/08/2002 1 Ob 159/02t
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:RS0116828
Date: 2002-08-13
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82002AT0813(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff demanded payment from the defendant, domiciled in Germany, before an Austrian court on the basis of a bill of exchange and at the same time sought a provisional order to secure this claim. The court of first instance dismissed the claim on the basis of the lack of jurisdiction, whereas the court of appeal, referring to Article 24 Brussels Convention for the assessment of the jurisdiction concerning protective measures, held that only Austrian law is relevant in this regard.
The Oberste Gerichtshof (AT) upholds the application of the Austrian rules on jurisdiction to an order for provisional measures since, according to Article 24 Brussels Convention, an application for provisional, including protective, measures may be made in the courts of a Contracting State, even if the courts of another Contracting State, as for example here Germany, have jurisdiction in the main issue according to the Brussels Convention.