Oberster Gerichtshof, Urteil vom 04/06/1999 2 Nd 505/99
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:1999:RS0112108
Date: 1999-06-04
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

81999AT0604(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff claimed damages against the Italian defendant since a gate sold to it by the defendant was unsuitable to the intended use. The contract contained a clause determining the place of delivery.
The OGH (AT) finds that the plaintiff did not assert jurisdiction of the place of performance according to Article 5(1) Brussels Convention. Furthermore, it states that the question, whether a clause determining the place of delivery establishes at the same time the jurisdiction of the court of the place of performance in the sense of the Brussels Convention, is a question of interpretation.