Oberster Gerichtshof, Urteil vom 07/06/2002 10 Nd 505/02
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:0080ND00505.02.0607.000
Date: 2002-06-07
Subject matter: Lugano Convention
Origin: Austria

82002AT0607(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff transported goods from Switzerland to Austria on behalf of the defendant having its seat in Switzerland. The plaintiff brought an action before the Austrian courts seeking payment of the freight costs.
The OGH (AT) holds that the plaintiff in the present case may seise the Austrian courts according to Article 31(1) (b) CMR, with a dispute arising from a carriage governed by the CMR, as the place of delivery is in Austria. Article 5(1) Lugano Convention does not apply to carriage contracts, which are governed by the CMR, because the CMR has primacy over the Lugano Convention according to Article 54 Lugano Convention.