Oberster Gerichtshof; 2015-06-25; L. GmbH; A. K.; 8 ObA 41/15k
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2015:008OBA00041.15K.0625.000
Date: 2015-06-25
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82015AT0625(51)_ENG_SUMJURE
JURE summary
JURE summary
An Austrian private limited company (the "plaintiff") sought consent to the intended dismissal of a natural person from the Czech Republic (the "defendant").
The defendant raised the plea of lack of international competence of the Court of First Instance.
The Court of First Instance (Landesgericht Linz as Arbeits- und Sozialgericht) dismissed the action. The jurisdiction over the employee's individual claims, including protection against dismissal, are governed by Article 18 et seq. of the Brussels I Regulation (1).
The Court of Appeal (Oberlandesgericht Linz) confirmed the decision of the Court of First Instance. With protection against dismissal, the defendant's interests are paramount. However, the ordinary appeal is admissible because case law is missing on the question if Article 20 of the Brussels I Regulation governs the application for consent to the dismissal.
The Oberster Gerichtshof ("OGH") has stated in its decision 9 ObA 144/08d that individual claims arising from collective labour law (e.g. an employee's dismissal) are covered by Articles 18 to 21.
In the sense of Article 20(1) of the Brussels I Regulation, the plaintiff may submit the action only in the defendant's state of residence.
The previous instances have assessed the legal situation correctly.
The OGH did not follow the plaintiff's appeal on points of law.
(1) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, in the version valid until 09.01.2015.