Oberster Gerichtshof, Urteil vom 12/02/2002 10 Nd 501/02
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:0100ND00501.02.0212.000
Date: 2002-02-12
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82002AT0212(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant, domiciled in Austria, filed an application for the determination of the court with local jurisdiction before the OGH (AT), because of an intended proceeding against the defendant, a company domiciled in Germany. According to the claimant’s contention he had ordered opera tickets on the internet on the basis of the defendant’s advertisement and upon receipt of the confirmation of reservation had transferred the price of the tickets to the defendant. The defendant subsequently cancelled the reservation and refused to refund the paid amount.
The OGH allows the claimant’s application. Austrian courts have international jurisdiction in this case under Article 13(1)(3) Brussels Convention. The regulations in the fourth section of the Convention relate to end consumers who do not act in trade or professional activities, because they follow the purpose of protecting the consumer as the legally less experienced party. The claimant has, in this case, according to his submission acted as a consumer. Furthermore the facts of the case, that the claimant made an order having seen the defendant’s advertisement on the internet, fulfil the requirements under Article 13(1)(3) Brussels Convention. Because the international jurisdiction of Austrian courts is for this reason given, local jurisdiction is to be determined by the OGH.