Oberster Gerichtshof, Urteil vom 09/09/2002 7 Ob 181/02x
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:0070OB00181.02X.0909.000
Date: 2002-09-09
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82002AT0909(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
In the scope of proceedings brought before the Austrian courts, the parties were in dispute over the interpretation of a jurisdiction agreement according to Article 17 Brussels Convention with regard to the determination of disputes falling within the scope of its application. One of the parties thus suggested obtaining a preliminary ruling of the ECJ on the interpretation of the objective jurisdiction agreement.
The OGH (AT) holds that there is no need to accede to the suggestion. According to the jurisprudence of the ECJ (c.f. ECJ 10. 3. 1992, C-214/89, Powell Duffryn/Petereit; ECJ 3. 7. 1997, C-269/95, Benincasa/Dentalkit) the interpretation of a jurisdiction agreement in order to determine the disputes falling within its scope is not a matter for the ECJ to decide but rather rests with the national court seised.