Oberster Gerichtshof, Urteil vom 01/12/2003 4 Nc 32/03y
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:RS0118239
Date: 2003-12-01
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82003AT1201(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, having its seat in Vienna (AT), commenced proceedings in Vienna against the defendant, having its seat in Germany, seeking payments regarding a leasing agreement. In a supplemental agreement to the leasing agreement, the parties had agreed on the application of Austrian law and the jurisdiction of the Austrian courts. According to the general leasing conditions agreed on, the contractual place of performance was Vienna. The court seised referred the case to the OGH (AT) for the determination of the court having local jurisdiction.
The OGH holds that the court seised in Vienna has local jurisdiction according to the facts of the case. According to the jurisdiction agreement pursuant to Article 23(1) Brussels I Regulation, the Austrian courts have international jurisdiction. Where international jurisdiction is established according to the Brussels I Regulation but the local jurisdiction is not regulated by the Regulation, national law applies in addition. According to the facts and certified documents, the parties had agreed that Vienna was the contractual place of performance. Thus, the courts at the place of performance within the meaning of Para 88(1) of the Austrian law on the exercise of jurisdiction and competence of the courts in civil matters have jurisdiction.