Oberster Gerichtshof, Urteil vom 10/10/2002 2 Nc 104/02w
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:0020NC00104.02W.1010.000
Date: 2002-10-10
Subject matter: Lugano Convention
Origin: Austria

82002AT1010(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
An Austrian individual received personally addressed letters from a company having its seat in Switzerland, containing a prize notification, which was not conditional on the order of goods. As the company failed to pay out the promised prize, the addressee of the letters brought an action for payment against the Swiss company in Austria.
The OGH (AT) holds that Article 14 (1) Lugano Convention allows the plaintiff to seise an Austrian court. The matter relates to a consumer contract as the plaintiff can be qualified as a consumer and the defendant can be qualified as a commercial entrepreneur. Thus, the plaintiff may also bring the action against the defendant before the courts of the State of his domicile, in the present case in Austria.