Austria: Supreme Court refers Pammer case back to court of first instance
Following the decision of the ECJ in case C-585/08 (Pammer v. Reederei Schlüter), the Austrian Supreme Court (OGH) has now referred the case back to the court of fist instance to determine
- whether the defendant knew (or should have known) that the agent's business was of international dimension;
- what the relations between the defendant and the agent were; and
- whether or not the website concerend fullfilled the criteria established by the ECJ.
Full text of OGH decision 6 Ob 261/10s of Jan. 28, 2011 available in German here>>.