Oberster Gerichtshof, Urteil vom 22/12/2003 10 Nc 35/03h
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:0100NC00035.03H.1222.000
Date: 2003-12-22
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82003AT1222(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff intended to bring an action against the German defendant seeking payment of freight costs for a carriage from Germany to Austria. Thus, with reference to Article 31(1) (b) CMR, the plaintiff applied to the OGH (AT) for a determination of the court having local jurisdiction.
The OGH (AT) holds that the application is well founded and that, in particular, Article 31(1) (b) CMR is the applicable provision governing jurisdiction. The Brussels I Regulation does not apply according to its Article 71 as Article 31 CMR has primacy as lex specialis.