Landesgericht, Urteil vom 16/09/1997 3 R 290/97p
Decision by national courts in the field of European Union law — ECLI:AT:LG00929:1997:RFE0000031
Date: 1997-09-16
Subject matter: Lugano Convention
Origin: Austria

81997AT0916(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff manages a hotel in Austria on which parking area the defendant, domiciled in Switzerland, had allegedly illegitimately parked. The plaintiff claims trespass before an Austrian court. The court of first instance considered itself incompetent since the matter concerned neither a liability for damages in the sense of Article 5(3) Lugano Convention, nor a claim based on a right in rem within the meaning of Article 16(1) Lugano Convention.
The Landesgericht Feldkirch (AT) holds first that Article 16(3) Lugano Convention only covers claims concerning the existence of rights in rem in immovable property. Besides a property claim (§366 AGBG-AT), a trespass action also falls within this category (§§ 454 seq. ZPO-AT). Thus the Austrian courts may protect an inland victim of trespass committed by a foreigner.