Oberster Gerichtshof, Urteil vom 07/02/2006 4 Nc 5/06g
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2006:0040NC00005.06G.0207.000
Date: 2006-02-07
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82006AT0207(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, an Austrian company, performed the acceptance of sortable construction waste for the defendant, a German company. The acceptance was performed on the premises of the plaintiff in Austria in accordance with the contractual agreement between the parties. The plaintiff commenced proceedings before the Austrian court at the place of its seat and premises for payment of the stipulated wages. The defendant challenged the international jurisdiction of the Austrian courts and applied to the OGH (AT) for a determination of jurisdiction, a so-called ordination.
The OGH (AT) holds that there is no need for an ordination. The court seised by the plaintiff has jurisdiction according to Article 5(1) (b) Brussels I Regulation as the court of the place of performance of the obligation in question. The concept of "service" within Article 5(1) (b) Brussels I Regulation has to be broadly interpreted. It encompasses all agreements which have as their object work-related performances or for which an actual success is owed. Thus, it also includes contracts for work. The forum of the place of performance of the obligation in question is available for all contractual claims and thus also for the plaintiff's claim for wages.