Oberster Gerichtshof, Beschluß vom 07/08/2003 8 Ob 174/02z
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:RS0117797
Date: 2003-08-07
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82003AT0807(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
An Austrian judgment was amended by the OGH (AT), inter alia, to the effect that the costs of the proceedings were imposed on the plaintiff. Hence, the defending party applied to the OGH for a certificate according to Article 54 Brussels I Regulation for the declaration of enforceability of the decision.
The OGH (AT) holds that it lacks functional jurisdiction to issue such a certificate. It finds that jurisdiction over the issuance of such a certificate is determined according to national law. In Austria, the court which issues the declaration of enforceability has jurisdiction to issue the certificate, thus the court of first instance.