Oberster Gerichtshof; 2014-06-16; Stefan P; T; 2 Nc 14/14b
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2014:0020NC00014.14B.0616.000
Date: 2014-06-16
Subject matter: Lugano Convention
Origin: Austria

82014AT0616(51)_ENG_SUMJURE
JURE summary
JURE summary
An Austrian natural person (the „plaintiff“) claimed repayment of the paid price from a Swiss joint stock company (the „defendant“).
The clock supplied to the plaintiff did not correspond to the characteristics presented on an Austrian website. This was a consumer business.
The plaintiff established the domestic jurisdiction in accordance with the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters - done at Lugano on 16 September 1988 (Lugano Convention). As Lugano Convention only determines international jurisdiction, the plaintiff requested from the Supreme Court of Justice (the “Supreme court”) to assign territorial jurisdiction to Leibnitz District court (Bezirksgericht Leibnitz).
The plaintiff’s request was not entitled.
Lugano 1988 did not apply any more. Since 01.01.2011, the current form of 2007 (New Lugano Convention) has been applicable in relation to Switzerland.
According to Article 15(1)(c) of the New Lugano Convention, the jurisdiction over consumer contracts is determined if the consumer’s contractual partner performs its activities in the home state or focuses on this state.
In the present case, the defendant directed its activities on Austria and a consumer contract exists within the meaning of Article 15 ff. of the New Lugano Convention.
While Article 14 of the Lugano Convention governs international jurisdiction only, Article 16 of the New Lugano Convention offers the consumer the choice of the territorial jurisdiction at its residence.
Therefore, assignment of territorial jurisdiction is no longer necessary as the Supreme Court has said in several decisions.
The Supreme Court dismissed the plaintiff’s request for assignment of the territorial jurisdiction.