Oberster Gerichtshof, Urteil vom 13/08/2002 1 Ob 140/02y
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:RS0116778
Date: 2002-08-13
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82002AT0813(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The parties to the dispute are spouses of British nationality who have never been domiciled in Austria. The wife requested, during divorce proceedings initiated in Great Britain, provisional measures in Austria in order to secure property located there for their distribution in the divorce proceedings.
The court of first instance dismissed the claim on the basis of the lack of national jurisdiction. This was confirmed on appeal, with reference to the fact that the Brussels Convention was not applicable due to the exclusion of proceedings concerning rights in property arising out of a matrimonial relationship (Article 1(2)(1) Brussels Convention). This applies to all rights in property that directly arise out of marriage or its dissolution, and also to any provisional protective measures connected to such rights.
The OGH (AT) upholds the ruling that the Brussels Convention does not apply in that it directly invokes national jurisdiction provisions. The jurisdiction of the Austrian courts arises however under these provisions.