Oberster Gerichtshof, Urteil vom 23/06/2009 3 Ob 101/09p
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2009:0030OB00101.09P.0623.000
Date: 2009-06-23
Subject matter: Lugano Convention
Origin: Austria

82009AT0623(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The applicant sought a declaration of enforceability in Austria of a judgment of the district court of Szczecin (PL) which ordered the respondent to pay a certain money sum to the applicant. The respondent lodged an appeal against the declaration of enforceability to the Landesgericht of Salzburg (AT). It argued that the action of the respondent was not served on it. In addition, the judgment was contrary to Austrian public policy. Therefore, pursuant to Article 27(1) and (2) of the Lugano Convention 1988, it could not be recognised. The Landesgericht of Salzburg upheld the declaration of enforceability. According to its findings, the district court of Szczecin had sent a request for service to the Austrian judicial authorities, which was not carried out and was returned stating that respondent no longer was resident at the address stated in the action and was reported as having moved to an unknown address. Thereupon, the Polish court appointed a service curator, on whom the action was served instead of the respondent and who represented him in the proceedings. Consequently, the judgment was legally issued under Polish law of civil procedure and therefore had to be recognised. The respondent appealed on a point of law to the OGH (AT).
The OGH upholds the judgment of the Landesgericht of Salzburg. The information provided by the Austrian judicial authorities was not correct, since the respondent had correctly registered his new address. However, the proceedings of the Polish court, which were based on the information provided by the Austrian judicial authorities, are not contrary to Austrian public policy for this reason alone. According to the Polish law applicable in this regard, the action was correctly served. Therefore, recognition of the judgment may not be refused according to Article 27(2) of the Lugano Convention 1988.