Oberster Gerichtshof, Urteil vom 30/01/1997 7 Nd 515/96
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:1997:RS0107256
Date: 1997-01-30
Subject matter: Lugano Convention
Origin: Austria

81997AT0130(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff claims payment from the defendant, a company having its seat in Germany, for a transport to Austria effected from the seat of the plaintiff. The OGH (AT) was requested to determine the competent Austrian court.
The OGH (AT) holds first that regarding disputes following a transportation which falls within the CMR, the plaintiff can sue in the court of the place of destination of the freight, pursuant to Article 31 CMR. Thus, the Austrian jurisdiction is established. Here, the Lugano Convention is not opposed to such a result either, since from Article 57 Lugano Convention it can be deduced that the rule on jurisdiction of Article 31 CMR as lex specialis remains applicable even after the entry into force of the Lugano Convention. Thus, a precise Austrian court must be determined.