Oberster Gerichtshof, Urteil vom 22/10/2001 8 Nd 511/01
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:0080ND00511.01.1022.000
Date: 2001-10-22
Subject matter: Lugano Convention
Origin: Austria

82001AT1022(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff, after reception of a prospectus published in Austria, registered her daughter for a language course in the US through a travel agency domiciled in Switzerland. The contract was signed in Austria. The plaintiff intended to sue the travel agency on the ground of deficiencies of the language course and requested the OGH (AT) to determine which court was locally competent.
The OGH finds that it is a consumer matter within the meaning of Articles 13 et seq. Lugano Convention. The concept of consumer shall be determined autonomously. The special provisions in Articles 13 et seq. Brussels/Lugano Convention are intended to protect the consumer as the party deemed to be economically weaker and the contractual party less experienced in legal matters. It is clear that the plaintiff did not conclude the contract concerning the language course of her daughter for a professional or trade purpose, but concluded it in Austria as a private and final consumer after a promotion inside the country. Thus, a consumer matter is at hand. Article 14 Lugano Convention, concerning the jurisdiction, primarily focuses on the domicile of the consumer.