Oberster Gerichtshof, Beschluß vom 13/07/1999 4 Ob 347/98
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:1999:0040OB00347.98B.0713.000
Date: 1999-07-13
Subject matter: Lugano Convention
Origin: Austria

81999AT0713(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiffs sought damages from the defendant. They alleged that the defendant had infringed their exploitation rights regarding the translation of a stage play by allowing the performance of the play in Vienna (AT), without being the proprietor of the right of use and without the plaintiffs’ assent. The court of first instance dismissed the defendant’s challenge to jurisdiction. However, the court of appeal held that the Austrian courts lacked jurisdiction.
The OGH (AT) re-establishes the judgment of the court of first instance. The second plaintiff suffered the alleged damages in Vienna, where the defendant gave his unauthorised consent to the play’s use, where the play was performed, and where therefore the charges for the use became due. Thus, the plaintiffs can rely on the jurisdiction of the place where the primary harmful event occurred according to Article 5(3) Lugano Convention, which provides jurisdiction in matters relating to tort.