Oberster Gerichtshof, Urteil vom 08/05/2008 3 Ob 34/08h
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2008:RS0123592
Date: 2008-05-08
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82008AT0508(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The applicant, a Czech company, obtained in an Austrian court of first instance a declaration of enforceability of a Czech judgment in default against the Austrian respondent. The judgment in default ordered the Austrian respondent to pay outstanding considerations for the use of business premises in a building in Prague and services related to the use. The respondent appealed against the declaration of enforceability. It alleged that the proceedings before the Czech court had not been duly instituted, as service was effected at its branch, which was operated in the premises in Prague, instead of at its head office in Austria. The appellate court dismissed the appeal. The respondent appealed to the OGH (AT).
The OGH (AT) dismisses the appeal. It holds that the Brussels I Regulation applies to the proceedings according to its Article 66(2)(b). The original Czech proceedings were instituted before the accession of the Czech Republic to the EU. However, the Czech court seised had jurisdiction as the court at the situs of business premises rented by the respondent. Thus, it would also have had jurisdiction according to Article 22(1) Brussels I Regulation if the latter had been in force. The respondent’s plea that service of the document instituting the Czech proceedings was deficient does not constitute a ground for non-recognition. According to Article 34(2) Brussels I Regulation, a judgment shall not be recognised only where the irregularity of service is so significant that the defendant is barred from arranging for his defence. The service deficiency pleaded by the respondent does not amount to such an irregularity. Thus, the Austrian declaration of enforceability of the Czech judgment was justly issued.