Austria: Reference for Preliminary Ruling on Reg. 44/2001 in regard to websites

On Nov. 6, 2008 Austrian Supreme Court (OGH) decided to file a reference for Preliminary Ruling to European Court of Justice in regard to interpretation of Reg. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, asking whethera journey on a cargo ship (including transport, overnight stays, some recreational facilities on board and the opprotunity for shore leaves) contituted a “contract which, for an inclusive price, provides for a combination of travel and accommodation” under Art. 15 sec 3, if so,an agent’s website (not providing online booking) was a sufficient measure to be regarded as to “pursue commercial or professional activities in the Member State” (Art. 15 sec 1 lit. c).The decision is available for downlaod in German language here>>.

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