Oberster Gerichtshof, Urteil vom 25/04/2001 9 Ob 73/01b
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:RS0004131
Date: 2001-04-25
Subject matter: Lugano Convention
Origin: Austria

82001AT0425(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The defendant not domiciled in Austria was, in two different proceedings in the Austrian courts concerning the same contractual relationship, sued by the same plaintiff. The defendant did enter an appearance in the first proceedings. However in the second proceedings it invoked a prorogation of jurisdiction on the basis of which the Austrian courts are incompetent.
The OGH (AT) finds that the appearance in the first proceedings cannot be considered as a valid commitment in the second proceedings. The commitment in the first proceedings does not result, according to Article 18 Lugano Convention, in the defendant deviating from the prorogation of jurisdiction for all future disputes.