Oberster Gerichtshof, Urteil vom 03/09/2002 3 Nd 3/02
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:0030ND00003.02.0903.000
Date: 2002-09-03
Subject matter: Lugano Convention
Origin: Austria

82002AT0903(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The applicant is a company with its seat in Austria. It had obtained a final instance decision from the OGH (AT) against the respondent, who had its seat in Belgium. In the judgment the application for an injunction in favour of the applicant was granted. The applicant sought to enforce the judgment against the respondent. On the grounds that, as the respondent did not have its seat in Austria, a competent court of enforcement was not available, the applicant applied to the OGH for the determination of the competent court by way of the process of "ordination".
The applicant pointed out that an application can be made for the determination of a competent court according to Austrian Law of Civil Procedure, when a competent court is not available and the legal proceedings abroad are either not possible or not reasonable for the applicant.
The OGH dismisses the application for "ordination". It determines that both Austria and Belgium are Contracting States of the Lugano Convention.
The order for injunction obtained by the applicant is recognised in Belgium according to Articles 25 and 26 Lugano Convention. Also, there are no grounds for refusal of recognition and enforcement pursuant to Article 27 Lugano Convention. Therefore, the applicant is free to obtain a declaration of enforceability in Belgium and thus to enforce the judgment in Belgium. The conditions for the determination of an Austrian court are not fulfilled as enforcement of the judgment in Belgium is possible and reasonable for the applicant.