Oberster Gerichtshof, Urteil vom 04/10/2004 7 Nc 45/04h
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2004:0070NC00045.04H.1004.000
Date: 2004-10-04
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82004AT1004(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff had committed himself vis-a-vis the Cuban Embassy to pay all costs incurred regarding the trip to Austria of a Cuban friend. On his way back, the Cuban friend was denied in Frankfurt (DE) by the defendant, having its seat in Germany, permission to travel on to Cuba on the ground that the deadline for re-entry to Cuba had (allegedly) expired. For this reason, the plaintiff travelled to Frankfurt and then, together with his friend, to Hungary in order to apply for an entry permit there. Thereupon, he sought the reimbursement of expenses incurred in the amount of € 2_498.87 from the defendant before the Austrian courts. Thereby he relied on Article 5(3) Brussels I Regulation regarding the international jurisdiction of the Austrian courts and applied for the designation of a national court having territorial jurisdiction ("Ordination").
The OGH (AT) dismisses the plaintiff’s request for ordination. As Article 5 Brussels I Regulation not only regulates international jurisdiction, but also territorial jurisdiction, the requirements for the request for ordination are not fulfilled. According to Article 5 (3) Brussels I Regulation the action may be brought both at the place, where the damage was caused as well as at the place where the damage occurred. The place where the damage occurred is generally the place, where the reduction in assets occurs. However only the place where the first direct interference with the legally protected interests of the injured party took place is relevant. A consequential loss which arises at another place is irrelevant for the question of jurisdiction. As according to the plaintiff's assertions, the (first) reduction in assets occurred with the purchase of the travel ticket at his domicile, he may bring the claim before the court of his domicile. Therefore, there is no lack of a national court having territorial jurisdiction.