Landesgericht Feldkirch, Urteil vom 19/11/2007 2 R 263/07b
Decision by national courts in the field of European Union law — ECLI:AT:LG00929:2007:RFE0000172
Date: 2007-11-19
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82007AT1119(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiffs operate a guest house at their domicile in Austria which consists of two holiday apartments and guest rooms. The defendant, domiciled in the Netherlands, had booked a holiday apartment and a room but cancelled the reservation shortly before the start of the journey. The plaintiffs commenced proceedings before the Bezirksgericht of Bezau (AT), the court at their domicile, seeking compensation for loss of rent. They contended that the Austrian courts had international jurisdiction based on Article 22(1) Brussels I Regulation. The defendant challenged the jurisdiction of the court seised. He asserted that he was a consumer and that the plaintiffs advertised their guest house on a web site in German language. Thus, the Netherlands courts had jurisdiction over the action against him. The court gave a preliminary order accepting jurisdiction. The defendant appealed to the Landesgericht of Feldkirch (AT).
The Landesgericht of Feldkirch (AT) allows the appeal. It holds that jurisdiction cannot be established according to Article 22(1) Brussels I Regulation. Indeed, jurisdiction provided for matters relating to tenancy also applies in case of a short term tenancy. However, it does not apply to contracts for accommodation which go beyond the mere assignment of a room. In this case breakfast, bedding, and final cleaning were also provided as typical elements of a contract for the provision of services. Thus, according to the court, Article 22(1) does not apply. However, the plaintiff cannot bring proceedings in the forum provided by Article 5(1) (b) either, as the matter relates to a consumer contract. The plaintiffs’ web site is in German language. However, it is also directed at German speaking consumers in the Netherlands. Thus, the prerequisites of Article 15(1) (c) Brussels I Regulation are fulfilled. Hence, according to Article 16(2), the Netherlands courts have jurisdiction over the action.