Oberster Gerichtshof, Urteil vom 06/07/2000 10 Nd 505/00
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2000:0100ND00505..0706.000
Date: 2000-07-06
Subject matter: Lugano Convention
Origin: Austria

82000AT0706(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff who is domiciled in Austria requested the reimbursement of a deposit made by him for the purchase of furniture from the defendant domiciled in Belgium. This purchase was made during a fair in Austria; however the furniture delivered had considerable defects, which is the reason why the plaintiff cancelled the contract. The plaintiff requested the determination of the court competent in Austria.
The OGH (AT) finds that the contract cannot be considered as being outside the trade or profession of the plaintiff, so that the jurisdiction of the court of the domicile of the consumer shall in principle be taken into account according to Article 14 Lugano Convention. The two conditions of Article 13(3) Lugano Convention for the establishment of a consumer matter are met with the conclusion of the purchase during the fair in Austria where the plaintiff is domiciled: The advertisement and the conclusion of the contract as well as the performance of the legal acts necessary for the conclusion of the contract by the plaintiff took place in the State of residence of the plaintiff. This is why it is not necessary to be examined whether the purchase price was to be paid in several instalments in the sense of Article 13(1) Lugano Convention. Therefore, a court in Austria is competent.