Landesgericht Feldkirch, Urteil vom 13/10/2011 3 R 276/11b
Decision by national courts in the field of European Union law — ECLI:AT:LG00929:2011:RFE0100005
Date: 2011-10-13
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82011AT1013(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant brought an action for payment due to a delivery against the defendant before the Bezirksgericht of Bregenz (AT). The claimant asserted the international jurisdiction of the court seised on the basis that Lochau (AT) was agreed upon as the forum and place of performance. The defendant challenged the international and local jurisdiction of the Bezirksgericht of Bregenz. It argued that because it made the order for delivery orally, the general terms and conditions of business of the claimant could not have been agreed upon. The Bezirksgericht of Bregenz dismissed the objection to its international and local jurisdiction. The defendant lodged an appeal to the Landgericht of Feldkirch (AT).
The Landgericht of Feldkirch dismisses the appeal as inadmissible because the necessary value of the matter in dispute was not met. In such a case, an appeal under Austrian law is admissible if the jurisdiction of the Austrian courts was rejected, but not, however, if it was affirmed. The court considers the question of whether this rule of Austrian law should be interpreted differently within the scope of the Brussels I Regulation, because the defendant might thereby possibly be deprived of the jurisdiction of his Member State and he would have to accept that without the correctness of a decision on jurisdiction being subject to review by the OGH (AT). However, the court comes to the conclusion that the Austrian rule concerning the value of the matter in dispute is also applicable within the scope of the Brussels I Regulation.