Oberster Gerichtshof, Beschluß vom 14/06/2000 7 Ob 112/00x
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2000:0070OB00112.00X.0614.000
Date: 2000-06-14
Subject matter: Lugano Convention
Origin: Austria

82000AT0614(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, domiciled in Germany, is appointed by the father of the two defendants, domiciled in Switzerland by will as sole heir. He seeks the establishment that a prenuptial agreement and a contract of succession concluded previously between the father of the defendants and his second spouse is not valid The defendants raise an objection of lis pendens on the basis of proceedings instituted by them in Switzerland against the plaintiff, whereby they sought a declaration that the testament is not valid.
The OGH (AT) finds – as already decided by the courts of lower instance – that the Lugano Convention is not applicable to the question of lis pendens of claims concerning inheritance rights since according to Article 1(1) Lugano Convention, succession law does not at all fall within the scope of the Convention.