Oberster Gerichtshof, Urteil vom 31/01/2007 3 Nc 1/07p
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2007:0030NC00001.07P.0131.000
Date: 2007-01-31
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82007AT0131(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The applicant, domiciled in Austria, bought a horse from the respondent, domiciled in Germany. Thereupon, he rescinded the agreement on the ground that the horse did not have the characteristics contractually agreed on. He sought the refund of the paid purchase price from the respondent. The agreement which was concluded by the parties in writing contains the clause: "The forum regarding the sale is Austria". The applicant applied to the OGH (AT) for a determination of the court having local jurisdiction over the proceedings, a so-called "ordination".
The OGH (AT) grants the application. It holds that the agreement between the parties contains a valid stipulation on the international jurisdiction of the Austrian courts over possible disputes arising from the agreement. The fact that a stipulation on local jurisdiction is lacking does not inhibit the validity of the agreement. In order to determine the court having local jurisdiction, additional
reference has to be made to domestic Austrian law, which provides for an ordination by the OGH. Thus, the application has to be granted.