Oberster Gerichtshof, Beschluß vom 21/05/2007 8 ObA 68/06t
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2007:RS0122366
Date: 2007-05-21
Subject matter: Lugano Convention
Origin: Austria

82007AT0521(04)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff is an Austrian coach. The seat of the second defendant, an international athletic union, is in Switzerland. The national athletic unions for the respective sport, inter alia, the first defendant, an Austrian union, are the members of the international union. The plaintiff was stood down indefinitely due to illegal blood doping by way of a board decision of the second defendant, the international athletic union, without being previously heard. Thereupon, the first defendant terminated its contractual relationship with the plaintiff. The plaintiff brought an action before the Austrian court having jurisdiction over the seat of the Austrian union seeking particularly the suspension of the board decision by the international athletic union as well as damages. Meanwhile, the proceedings are only pending with respect to the international union. As the action was dismissed for lack of international jurisdiction, the plaintiff appealed to the OGH (AT).
The OGH (AT) dismisses the appeal. It holds that the Lugano Convention is applicable to the case. The Swiss courts have exclusive jurisdiction according to Article 16(2) Lugano Convention over the determination of the board decision by the international union challenged by the plaintiff, as the union has its seat there. Article 16(2) shall be applied to decisions by an association's organs and thus, also to the board decision regarding the doping ban on the plaintiff. However, Article 16(2) Lugano Convention has to be interpreted in a restrictive way and does not apply to the plaintiff's action for damages. The plaintiff can neither base jurisdiction over this claim on Article 5(3) Lugano Convention, as the alleged damage was only an indirect consequence of the board decision. Furthermore, Article 6(1) Lugano Convention cannot be applied to the action for damages as there is no close connection to the action against the Austrian athletic union.