Oberster Gerichtshof, Beschluß vom 21/04/2004 9 Ob 151/03a
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2004:RS0119190
Date: 2004-04-21
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82004AT0421(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff booked a package holiday in Turkey with the defendant, which was also domiciled in Austria. During her stay she had an accident. She therefore brought an action for indemnity before the Austrian courts. The court of first instance dismissed the action on the grounds that the Brussels I Regulation was not applicable, as both parties were domiciled in Austria.
The OGH (AT) dismisses the plaintiff’s appeal as inadmissible. The Brussels I Regulation does not apply if parties having the same domicile are involved in a dispute and only domestic facts are concerned. Although the accident forming the basis of the claim occurred in Turkey, this foreign link in no way effects the jurisdiction of the dispute, which was instituted in a country by nationals of that country, and is therefore irrelevant as regards the question of the applicability of the Brussels I Regulation. The fact that Article 16 Brussels I Regulation also regulates the local jurisdiction does not expand its scope of application to domestic facts.