Oberster Gerichtshof, Beschluß vom 16/02/2005 3 Ob 28/05x
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2005:0030OB00028.05X.0331.000
Date: 2005-02-16
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82005AT0216(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
In proceedings for the declaration of enforceability of a foreign decision, the obligated party applied to the OGH (AT) for the adjournment of the proceedings pursuant to Article 46 Brussels I Regulation. The appeal against the decision of the court regarding this request was dismissed as inadmissible. Subsequently, the party seeking the enforcement, without having been called upon to do so, filed a response to the appeal directly with the OGH (AT).
The OGH dismisses the response. It holds that the Brussels I Regulation does not contain any rules on whether both parties should be heard in appeals proceedings for decisions on the declaration of enforceability under Article 46.