Which law applies and where to sue: Rome II, Brussels Ia and Austrian place-of-accident law for a ski accident involving foreign visitors.
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for ski and alpine accidents
Ski and alpine accidents are complex and emotional. One lawyer you know, from the first question to the courtroom. Strong practical background (former ski instructor, mountain rescuer and dog handler).
In larger cases, the work is handled as a team (lawyer, trainee lawyer, legal assistant). Court hearings and negotiations always remain a matter for the lead lawyer.
Austria ski areas are international. When a German and a Dutch visitor meet on the slope or a foreign guest collides with a local, the question of the applicable law and the competent court arises at once. These questions often decide the size and the enforceability of a claim.
Within the EU the applicable law follows the Rome II Regulation. Under its Article 4 the law of the state in which the damage occurs is generally decisive. For an accident in Austria that is Austrian law, regardless of where those involved come from. The competent court follows the Brussels Ia Regulation, with a choice between the defendant domicile and the place of the harmful event.
This post looks at the civil side and distinguishes it from the criminal position, which is covered in the post on the penal order after a ski accident for foreign visitors.
Two short questions on the accident site and the opponent domicile place your situation under Rome II and the Brussels Ia Regulation.
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For the applicable law, the Rome II Regulation generally points to the place where the damage occurred.
For an accident in Austria, Article 4 Rome II generally points to Austrian law. If the opponent is also domiciled in Austria, the Austrian courts have jurisdiction. The FIS rules apply as the standard of care, together with sections 1293 et seq ABGB.
Next steps: secure evidence, have the question of fault assessed by a lawyer and observe the three-year limitation period under section 1489 ABGB.
Here too Article 4 Rome II points to Austrian law, because the damage occurred in Austria. On jurisdiction the Brussels Ia Regulation offers a choice: a claim can be brought at the defendant domicile or at the place of the harmful event, that is at the accident site in Austria. For foreign visitors the Austrian court is often more practical, because witnesses and experts are on site.
Next steps: choose the forum strategically, allow for cross-border service and translations and clarify enforcement in the opponent home state.
For an accident outside Austria, Article 4 Rome II may point to the law of the accident country. The standard of liability, pain and suffering and the deadlines may then differ considerably from Austrian practice. Early clarification matters, because some countries have short reporting and limitation periods.
Next steps: clarify with a lawyer which law applies, check the deadlines in the accident country and secure the evidence before you leave.
The Rome II Regulation governs the applicable law for non-contractual obligations, including compensation arising from a slope accident. Under Article 4 the law of the state in which the damage occurs is decisive. For a ski accident that is the place of the collision or the fall. If the accident happens in Austria, Austrian compensation law applies.
If both parties have their habitual residence in the same state, that state law may exceptionally apply under Article 4(2). So if two German guests meet in Austria, German law may apply. Such constellations must be examined carefully in the individual case, because they decide the standard of liability and the level of pain and suffering.
Within the EU, where a claim can be brought follows the Brussels Ia Regulation. The basic rule is the defendant domicile. For a tort, Article 7(2) additionally allows the place of the harmful event as a forum. For an accident in Austria the injured person can therefore often sue before an Austrian court.
For foreign visitors the Austrian court is often more practical, because witnesses, the slope rescue and experts are on site and Austrian law applies in any event. Cross-border service, translations and later enforcement in the opponent home state need to be considered. An overview of the topics around foreign visitors is offered on the topic page for ski accidents of German holidaymakers.
Deadlines differ. In Austria, compensation claims generally become time-barred under section 1489 ABGB three years after knowledge of the damage and the wrongdoer. Other states sometimes have shorter periods. Anyone who waits too long risks the claim.
Under Article 4 Rome II generally Austrian law, because the damage occurs in Austria. The standard is set by the FIS rules and sections 1293 et seq ABGB, regardless of the nationality of those involved.
Yes. If both parties have their habitual residence in the same state, that state law may apply under Article 4(2) Rome II. If two German guests meet in Austria, German law may apply. This must be examined in the individual case.
Under the Brussels Ia Regulation at the defendant domicile or at the place of the harmful event, that is at the accident site in Austria. The Austrian forum is often more practical, because witnesses and experts are on site.
The criminal side must be kept apart from the civil side. For acts in Austria the place-of-act principle applies and the Austrian authorities have jurisdiction. The details are covered in the post on the penal order after a ski accident for foreign visitors.
In Austria, claims generally become time-barred under section 1489 ABGB three years after knowledge of the damage and the wrongdoer. For accidents abroad shorter periods may apply. Early legal advice prevents the loss of the claim.
What the penal order means and how to respond to it as a visitor.
How the assessment of pain and suffering differs between the countries.
When a claim is realistic and which losses are compensated.
The sooner we secure the evidence, the better we can enforce your claim. Call us directly or send an email, callback within one business day.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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