Oberster Gerichtshof, Urteil vom 07/01/2003 9 Nc 110/02d
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:RS0117256
Date: 2003-01-07
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82003AT0107(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The applicant, domiciled in Austria, booked a package holiday with the respondent, a travel agency having its seat in Germany. The booking was made over the travel agency’s homepage, accessed in Vienna, following the travel agency’s advertising in Austria. The applicant intended to bring an action for price reduction and damages due to the delayed handing over of her luggage. Thus, she applied for a declaration that the Bezirksgericht of Tulln (AT) had local jurisdiction.
The OGH (AT) dismisses the application for an "Ordination", i.e. a judicial determination of the court having local jurisdiction, for being unfounded, as a domestic court having local jurisdiction can be determined according to the Brussels I Regulation. The court finds that international jurisdiction over a travel contract which provides for a flat fee for transportation and accommodation is governed by Articles 15(1) (c), 16 Brussels I Regulation. The travel contract was concluded exclusively for a purpose outside the applicant's trade or profession. Thus, considering the relevant submissions by the applicant, it can be assumed that the purposes of the contract were private, as required. Hence, the contract constitutes a consumer contract according to Articles 15 et seq. Brussels I Regulation. Furthermore, by advertising on the internet, the travel agency pursued cross-border activities in the Member State of the consumer's domicile, i.e. in Austria, which were purely professional. Different than Article 14(1) Lugano/Brussels Convention, which merely referred to the "courts" of the Contracting State of the consumer's domicile and only governed international jurisdiction, Article 16 Brussels I Regulation also governs local jurisdiction by referring to "the courts for the place where the consumer is domiciled". Thus, since the entry into force of the Brussels I Regulation, an ordination is no longer necessary in such cases.