Oberster Gerichtshof, Urteil vom 14/12/2000 7 Ob 276/00i
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2000:0070OB00276.00I.1214.000
Date: 2000-12-14
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82000AT1214(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff is domiciled in Moscow, the defendant is seated in Moscow. The defendant has different bank accounts in banks seated in Vienna (AT). The plaintiff claimed a right for the clearing of the accounts before the Austrian courts against the defendant. She founded the jurisdiction of the court seised on the jurisdiction over property pursuant to Austrian national law (Para. 99 (1) JN).
The OGH (AT) affirms that the jurisdiction of the Austrian court can be founded on Para 99 JN since the defendant is not seated in a Contracting State to the Lugano Convention respectively Brussels Convention (Article 3(2) Brussels Convention/Lugano Convention).