Oberster Gerichtshof, Urteil vom 16/03/2007 6 Ob 43/07b
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2007:RS0121907
Date: 2007-03-16
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82007AT0316(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The parties brought a dispute before the Austrian courts regarding the defendant's capacity to dispose of a real property situated in the Czech Republic. The appellate court accepted jurisdiction over the subject-matter. This decision became final. The appellate court prohibited the defendant to sell or to mortgage the real property by issuing an interim injunction. The defendant appealed to the OGH (AT).
The OGH (AT) dismisses the appeal. It holds that it is not its task to determine the international jurisdiction of the Austrian courts over the decision regarding the interim injunction. As this question has already been legally decided, the court is bound by that judgment. Furthermore, the OGH overrules the defendant's point of view that the Austrian courts cannot prohibit the sale or the mortgaging of real property situated in another Member State of the EU by way of summary proceedings. Such a procedure is not opposed by the fact that in national cases, according to Austrian law, such an interdiction has to be noted ex oficio in the land register in which the property is registered. The admissibility of issuing an interim injunction is neither dependent of the question in how far the latter can be enforced abroad. It is rather admissible to issue a prohibitory injunction which also has extraterritorial validity. Where such an injunction is issued in adversary proceedings, it is recognised in the other Member States according to Article 32 Brussels I Regulation and can also be enforced there according to Articles 33 et seq. Brussels I Regulation.