Oberster Gerichtshof; 2017-03-28; 2 Ob 40/17x
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2017:0020OB00040.17X.0328.000
Date: 2017-03-28
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82017AT0328(51)_ENG_SUMJURE
JURE summary
JURE summary
A natural person domiciled in Germany (hereinafter the 'plaintiff') claimed payment and injunction against a company with its registered office in Austria (hereinafter the ‘defendant’).
The plaintiff submitted an appeal on a point of law to the Oberster Gerichtshof (Supreme Court, hereinafter 'OGH') against the decision of the Landesgerichts Salzburg (‚Regional Court of Salzburg’).
The OGH held the following; the agreement, conferring jurisdiction in favour of the Austrian court shall be examined in accordance with Article 25 of the Brussels I Regulation (recast) (1). The plaintiff did not explain in the appeal why this provision should not be applied.
According to the findings of the Regional Court, the plaintiff resides continually in a hotel in Salzburg. The decision cited (2) answers the question of whether an Austrian domicile established in accordance with Article 62(1) of the Brussels I Regulation (recast) constitutes a base for Austrian jurisdiction also in cases where residence in another Member State should be considered. However, the decision, submitted by the plaintiff, has no relevance in the assessment of the applicability of Article 25 of the Brussels I Regulation (recast).
The interpretation of the ‘choice of forum clause’ does not cause a legal issue of significant importance. It may be such only in the case of a blatant erroneous assessment, which was not such in this case. The assessment by the court of appeal did not differ from the case law.
The court of appeal found no reasons to interpret Article 25 of the Brussels I Regulation (recast) in a different way.
The OGH rejected the plaintiff's appeal on a point of law, against the decision of the Regional Court of Salzburg.
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) 9 Ob 22/00a.