OGH; 2020-03-27; 10 ObS 128/19z
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2020:010OBS00128.19Z.0327.000
Date: 2020-03-27
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82020AT0327(51)_ENG_SUMJURE
JURE summary
JURE summary
A private person living in Austria (hereinafter ‘the plaintiff’) filed action demanding the annulment of two decisions of the Romanian National Agency for Public Pensions (hereinafter ‘the defendant’) which stipulated that the payments of the Romanian invalidity pensions to the plaintiff were to be stopped and which ordered the plaintiff to repay unlawfully received social security payments as the plaintiff did not fall into any category of invalidity.
According to the plaintiff, the Landgericht Linz (hereinafter ‘the Court of First Instance’) held jurisdiction under Article 11(1)(b) of the Brussels I Regulation (recast) (1) with regard to the residence of the plaintiff in the district of this court.
The Court of First Instance dismissed the action a limine stating that the claims pursued by the plaintiff represented social security payments under Article 1(2)(c) of the Brussels I Regulation (recast) and that the Regulation therefore did not apply.
The Oberlandesgericht Linz (hereinafter ‘the Court of Appeal’) did not uphold the subsequent appeal citing that the plaintiff was not correct to rely on international jurisdiction under Article 11(1)(b) the Brussels I Regulation (recast).
The admissible revision of the plaintiff filed with the Oberstes Gerichtshof (hereinafter ‘the Supreme Court’) was found unjustified.
The previous instances were correct in finding the claims to be a social security matter under Article 1(2)(c) of the Brussels I Regulation (recast) excluded from the applicability of the Brussels I Regulation (recast). Therefore, the Court of First Instance did not hold international jurisdiction.
The Supreme Court dismissed the revision filed by the plaintiff.
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.