Oberster Gerichtshof, Beschluß vom 31/12/2001 3 Nd 511/01
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:0030ND00511.01.1231.000
Date: 2001-12-31
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82001AT1231(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff domiciled in Austria claims damages from the German subsidiary of a French company. The plaintiff alleges that he was requested, for the conclusion of the contract, to bring a confirmation from the German consulate in Austria, which the opposing party applied for in writing, and since this was carried out in the State of his domicile, according to Article 13(3) Brussels Convention, an Austrian court has jurisdiction. Thus the plaintiff requested that this court be determined.
The OGH (AT) holds that for the determination of a competent court pursuant to Article 13(3) Brussels Convention, a certification of the requisites is necessary. The letter necessary in this regard, containing the request to bring the consulate certificate, was however not provided. Nonetheless, the lack of form established can still be remedied.