Oberster Gerichtshof, Urteil vom 01/03/2004 6 Nc 1/04f
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2004:0060NC00001.04F.0301.000
Date: 2004-03-01
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82004AT0301(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The apparently foreign plaintiff, who had taken care free of charge for many years of a now deceased person, who was last domiciled in Austria, intends to raise a claim for compensation for personal services against the legal estate as well as two heirs of the deceased, as against her expectations she had received no legacy. She requests the determination of the competent court in Austria.
The OGH (AT) does not consider the determination of the competent court necessary, since it results directly from the applicable regulations. The deceased, according to Article 2(1) Brussels I Regulation, should have been sued at her domicile in Austria during her lifetime. After her death, according to Austrian law, in continuation of this jurisdiction, the forum of the legal estate at the court of the probate proceedings would be available. The OGH states that this jurisdiction remains valid in application of the principle perpetuatio fori, even if the probate proceedings were terminated by the committal of the deceased’s fortune to the heirs. If there is a sufficient connection, the forum of the legal estate would also be available over a claim against the heirs as joined parties according to Article 6(1) Brussels I Regulation.