Oberster Gerichtshof, Beschluss vom 02/06/2009 9 ObA 144/08d
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2009:RS0124831
Date: 2009-06-02
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82009AT0602(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, domiciled in Austria, was employed as the sales manager in Austria for the defendant, a German company. He carried out his work from an office of the defendant in Vienna (AT). After the German company terminated his employment, he contested his dismissal before the Arbeits- und Sozialgericht of Vienna (AT), alleging unfair dismissal and, therefore, that his dismissal was invalid. The defendant challenged the international jurisdiction of the court seised. The court held that it did not have jurisdiction on the grounds that protection against unlawful dismissal is part of a regulation governing industrial relations under Austrian law. The provisions of the Brussels I Regulation in relation to employment matters relate only to individual employment matter and thus are not applicable. The Oberlandesgericht of Vienna (AT) overturned this decision on the appeal of the plaintiff, whereupon the defendant lodged an appeal to the Oberste Gerichtshof (OGH) (AT).
The OGH upholds the decision of the appellate court. While the provisions of Articles 18 – 21 Brussels I Regulation do not apply to collective employment agreements, they do apply to individual claims arising from such agreements. In Austrian law, protection against unlawful dismissal is part of a regulation governing industrial relations. By its nature it offers employees collective protection with its main aim being the general protection of employees. At the same time, this law also demonstrates strong individual elements. For example, a work council may only challenge a dismissal with the agreement of the affected employee, while an employee who is dismissed with the assent of the work council has the right, however, to challenge the dismissal. The action therefore falls within the scope of Article 18 Brussels I Regulation, which is to be interpreted independently and can be brought in the forum provided in Article 19(2)(b) Brussels I Regulation.