Oberster Gerichtshof, Urteil vom 09/04/2010 3 Nc 12/10k
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2010:0030NC00012.10K.0409.000
Date: 2010-04-09
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82010AT0409(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant demanded a specific amount in her claim as compensation for services provided in accordance with the contract formed with the defendant, domiciled in Sweden. The claimant based her claim on the jurisdiction agreement contained within the contract. The Handelsgericht of Vienna (AT), deciding on the legal dispute after referral due to a lack of material jurisdiction, dismissed the claim because of a lack of local jurisdiction. It presented the Oberste Gerichtshof (AT) with a request for ordination, i.e., a request to determine the court of local jurisdiction for this proceeding from among the courts with subject matter jurisdiction, because the corresponding determination in the written contract concluded between the parties stated they had agreed to Austrian jurisdiction, but not to a court of local jurisdiction.
The Oberste Gerichtshof (AT) allows the request for ordination. The term place of jurisdiction, to be independently interpreted under the meaning of Article 23(1) Brussels I Regulation, denotes a declaration of intent in agreement as to the grounds for jurisdiction, which in this case is undoubtedly Austrian international jurisdiction. The requirement in Article 23(1)(a) Brussels I Regulation that the agreement be in writing is fulfilled. The fact that only international jurisdiction, and not local jurisdiction of an Austrian court, was agreed to is not detrimental to the claim as a result of the openness of local jurisdiction. If international jurisdiction, as in this case, is approved under the Brussels I Regulation, but local jurisdiction is not determined, domestic laws are applied. The local jurisdiction of an Austrian court however cannot be deduced from Austrian rules of procedure. The disputing party is domiciled in Vienna. The claimant demands compensation based on a commercial transaction. The Gerichtshof (AT) therefore determines that the Handelsgericht of Vienna (AT) has local jurisdiction over this claim.