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 determinewhether 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; andwhether 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>>.
