Oberster Gerichtshof, Urteil vom 27/09/2005 1 Ob 153/05i
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2005:RS0120192
Date: 2005-09-27
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82005AT0927(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff domiciled in Austria sought before the Austrian courts an order that the defendants “sign and complete” the purchase contract of a real property. The defendants sought the dismissal of the claim on the basis of the lack of international jurisdiction of the court of first instance.
The OGH (AT) confirms that the place of performance is established in Austria according to Article 5(1) Brussels I Regulation and that thus the Austrian courts are competent. The “obligation” to be performed must in principle be understood as the obligation which forms the basis of the claim. Primary contractual claims such as an obligation to deliver and to pay fall within this category. The place of performance of the main obligation in question is the legal basis of the jurisdiction. The reasoning of the lower courts, which had found that – on the basis of the subject matter of the claim that is the “signature and completion of the purchase contract by the defendants” – the payment of the purchase price as main obligation must be taken into account, is not to be contested. Thus the place of performance as regards money debts is in case of doubt situated at the domicile of the debtor.