Oberster Gerichtshof, Urteil vom 18/07/2002 3 Ob 181/02t
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:0030OB00181.02T.0718.000
Date: 2002-07-18
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82002AT0718(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian court of first instance granted the declaration of enforceability of a “decreto ingiuntivo" (payment order) issued by an Italian court against the liable party. The appeal by the respondent and liable party was not granted by the court of appeal. The defendant challenged the, according to the court documents, unjustified assumption by the court of second instance, that the latter had entered an appearance without challenging the jurisdiction.
The OGH (AT) rejects the appeal by the respondent. The Court holds that the Brussels Convention applies in the present case. According to Article 34(2) in connection with Article 28 Brussels Convention, in proceedings on the declaration of enforceability of the Italian payment order, the jurisdiction of the courts of the State of origin may not be reviewed because the claim was initiated after the Brussels Convention came into force between Italy and Austria. Article 54(2) Brussels Convention, which allows for a determination of jurisdiction in the State of enforcement if the proceedings were initiated before the Brussels Convention came into force, does not apply. According to Article 34(2) Brussels Convention, the foreign decision cannot be reviewed as to its substance, which is why possible incorrect rulings are irrelevant, in so far as the public policy is not violated (Article 27(1) Brussels Convention). The defendant could not demonstrate however, that a violation of Austrian public policy existed.