Oberster Gerichtshof, Urteil vom 31/12/2001 3 Nd 517/01
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:RS0115988
Date: 2001-12-31
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82001AT1231(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff domiciled in Austria claimed, following a notification by the defendant seated in the Netherlands concerning a prize, the amount that she was entitled to. Thus, she finds that a contract was formed, so that the competent court shall be determined, pursuant to Article 14 Brussels Convention at the place of her domicile.
The OGH (AT) dismisses this claim, since the plaintiff does not rely upon a promise of prize in the sense of Para 5j KSchG (Austrian consumer rights law) and has not ordered goods, this being a condition to claim the prize.. Thus no contract for the supply of goods is at hand pursuant to Article 13(3) Brussels Convention, since the promised money in cash does not fall within the concept of “goods”. This is why the jurisdiction at the domicile of a consumer according to Article 14 Brussels Convention is not to be taken into account.