Oberster Gerichtshof, Urteil vom 07/09/2001 9 Nd 512/01
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:0090ND00512.01.0907.000
Date: 2001-09-07
Subject matter: Lugano Convention
Origin: Austria

82001AT0907(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff reserved a trip to Kenya for four persons in a travel agency in Austria, which was organised by the defendant who is not domiciled in Austria. The prospectuses of the defendant were presented in the travel agency. He intended to sue the defendant for the failures of the trip and requested the OGH (AT) to determine the court locally competent.
The OGH finds that it is a consumer matter within the meaning of Article 13 et seq. Lugano Convention. The concept of consumer must be determined autonomously. The provisions refer to the private final consumer acting for purposes outside his trade or profession and who entered into contracts in the sense of Article 13 and who according to Article 14 is a party to a dispute. According to Article 14 (1) Lugano Convention, a consumer may, inter alia, bring proceedings in consumer matters in the courts of the courts of the Contracting State in which he is himself domiciled. From the statement of the plaintiff, it must be considered that a private business relationship is at hand and that the contract was advertised and concluded in Austria. Thus the international jurisdiction of Austria is founded.