Oberster Gerichtshof, Beschluß vom 25/06/1998 2 Ob 151/98i
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:1998:RS0110204
Date: 1998-06-25
Subject matter: Lugano Convention
Origin: Austria

81998AT0625(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff brought an action before the Bezirksgericht of Bludenz (AT) against the defendant, domiciled in Germany, seeking compensation for the ongoing use of his holiday home. The plaintiff claimed that he had rented the home to the defendant. However, the authority responsible had legally refused the permit which, under Austrian law, was required for the validity of the lease agreement. Nevertheless, the defendant did not leave the holiday home and refused to surrender it for several years. The plaintiff contended that the Austrian courts had international jurisdiction according to Article 16(1) Lugano Convention. The Bezirksgericht as well as the Landesgericht of Feldkirch (AT) dismissed the action for lack of jurisdiction. The plaintiff appealed to the OGH (AT).
The OGH (AT) dismisses the appeal. It refers to the reasoning of the appellate court. The latter had held that according to the ECJ's jurisprudence on Article 16(1) Brussels Convention, to which reference can be made for the interpretation of the Lugano Convention, this provision must not be given a wider interpretation than required by its objective. Thus, the exclusive jurisdiction in matters relating to tenancy provided by Article 16(1) Lugano Convention applies to disputes regarding the tenant's and landlord's rights and obligations arising from a tenancy. However, according to the ECJ's jurisprudence in Lieber/Göbel of 09.04.1994 - C-292/93 – Article 16(1) Lugano Convention does not apply to a similar situation where no tenancy is involved. The OGH holds that the appellate court's reasoning was correct. It adds that the tenancy agreement intended by the parties was void ab initio for lack of an official permit. Thus, having regard to the entire legal relationship between the parties, the jurisdiction cannot be based on Article 16(1) Lugano Convention.