Oberster Gerichtshof, Beschluß vom 04/11/2003 2 Nc 39/03p
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:RS0118233
Date: 2003-11-04
Subject matter: Lugano Convention
Origin: Austria

82003AT1104(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff purchased a lift ticket from the Austrian outpost of a Swiss cable car company, which advertised in Austria for its ski resort, and injured herself when getting out of the chair lift. The plaintiff brought an action against the company for compensation because of the negligent behaviour of the ski lift personnel. The plaintiff derived the international jurisdiction of the Austrian courts from her status as a consumer within the meaning of Article 13(1) in connection with Article 14 Lugano Convention. She requested from the OGH (AT) the determination of the territorially competent Austrian court.
The OGH (AT) rejects the claim as the provisions of the Lugano Convention invoked by the plaintiff do not apply. Section 4 of the Lugano Convention (jurisdiction in consumer matters) is, according to Article 13(3) Lugano Convention, not to be applied to carriage contracts. The reason for this exclusion lies in the fact that such contracts are subject to other conventions and their inclusion under the Lugano Convention would thus lead to irreperable legal conflicts with the Convention. According to the clear wording, all carriage contracts are excluded and not only those subject to any other conventions. For this reason, also the carriage by chair lift, as occurred in the present case after the purchase of a lift ticket, is based on a carriage contract within the meaning of Article 13(3) Lugano Convention. Further, it does not concern a package holiday contract, i.e. a contract combining different particular obligations which should not be divided into numerous segments.