Oberster Gerichtshof, Urteil vom 27/08/1997 9 ObA 265/97d
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:1997:RS0108308
Date: 1997-08-27
Subject matter: Lugano Convention
Origin: Austria

81997AT0827(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff domiciled in Austria claims before an Austrian court from the defendant, an Austrian company which employed him, payments on the basis of an employment agreement. Under this employment agreement, the plaintiff worked for several years for the defendant in Italy. The court of first instance and the court of appeal confirmed their jurisdiction.
The OGH (AT) finds first that according to some opinions as regards the application of the Lugano Convention, a connection with a foreign country is required. This connection could also be established, in virtue of Article 5(1) Lugano Convention by the fact that an employee works abroad over several years, as the plaintiff did in this case in Italy. However, only the Austrian national law concerning jurisdiction requires a sufficiently close link with the State of the forum. Where there is jurisdiction according to the Lugano Convention such a determination is immaterial, since this Convention directly and immediately establishes jurisdiction.