Oberster Gerichtshof, Urteil vom 11/10/1999 7 Nd 515/99
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:1999:0070ND00515.99.1011.
Date: 1999-10-11
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

81999AT1011(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff domiciled in Austria brought an action before an Austrian court against two Italian companies. The first defendant organised the transport of sport items to Italy. The second defendant carried out the transports by order of the first defendant. A considerable amount of sport items disappeared during transport. The plaintiff repaid the damages to the orderers and then filed an action for payment of these amounts. The first defendant was held liable for failure of setting up proper procedures; the second defendant was held liable according to Articles 3, 8 and 17 CMR. According to the plaintiff, pursuant to Article 31(1) (b) CMR, the Austrian courts have jurisdiction. The plaintiff requested that the court seised be determined also as locally competent court as regards the second defendant.
The OGH (AT) finds that the court having jurisdiction over the first defendant also has jurisdiction over the second defendant according to Article 6(1) Brussels Convention. The required criteria of connection between the different claims shall be determined autonomously. According to the ECJ, Article 22(3) shall be consulted to determine the question on connection. Therefore, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings. Generally the connection necessary is always at hand where the decision concerning one claim depends on the decision on the other claim or where both claims depend on a common preliminary question. In this present case, the connection is clearly at hand. The plaintiff requested that the defendants be held joint and severally liable.