Landesgericht, Urteil vom 21/09/1999 2 R 287/99t
Decision by national courts in the field of European Union law — ECLI:AT:LG00929:1999:RFE0000060
Date: 1999-09-21
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

81999AT0921(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff brought an action for annulment regarding the payment order given by the district court of Bregenz (AT). The plaintiff asserted that she was no longer legally capable and therefore not actionable, due to a mental degradation. She would have needed a legal representative. However, she had had no legal representation. The defendant challenged the jurisdiction.
The LG Feldkirch (AT) holds that claims according to Para. 529 (1) (2) of the Austrian Rules of Civil Procedure (action for annulment) are excluded from the scope of Article 1(1) Brussels/Lugano Convention. In an action for annulment, the matter in dispute is an alleged fatal procedural irregularity, thus, a violation of provisions of public law.