Oberster Gerichtshof, Beschluß vom 30/03/2000 2 Ob 74/00x
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2000:0020OB00074.00X.0330.000
Date: 2000-03-30
Subject matter: Lugano Convention
Origin: Austria

82000AT0330(04)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The counterclaiming plaintiff counterclaimed against the plaintiff (counterclaiming defendant) seated in Germany. It founds these claims on the same agency agreement which was the basis of the principal claim of the plaintiff. The agency agreement in question contained a jurisdiction clause, from which the jurisdiction of a German court arose. The counterclaiming plaintiff founded the jurisdiction of the Austrian courts on Article 6(3) Lugano Convention.
The OGH (AT) finds that according to Article 2 Lugano Convention, the counterclaiming defendant who is seated in Germany shall be sued in the German courts provided that nothing else arises from Articles 5 to 18 Lugano Convention. Furthermore, the OGH considers that an agreement on jurisdiction pursuant to Article 17 Lugano Convention results in an exclusive jurisdiction which excludes, inter alia, the rules on jurisdiction of Article 6 Lugano Convention.