Oberster Gerichtshof, Urteil vom 26/03/2003 3 Ob 38/03i
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:0030OB00038.03I.0326.000
Date: 2003-03-26
Subject matter: Brussels Convention of 27 September 1968
Origin: Austria

82003AT0326(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The OGH (AT) was seised of proceedings regarding a declaration of enforceability of a German default judgment, respectively the appellate judgment upholding the latter. The default judgment in question awarded the right to an adjustment of surplus of assets gained from the marriage ("Zugewinnausgleich" under German law).
The OGH (AT) holds that neither the Brussels Convention nor the Lugano Convention applies ratione materiae. The right to an adjustment of surplus of assets gained from the marriage concerns a matter relating to rights in property arising out of a matrimonial relationship, which is excluded from the scope of the Conventions according to Article 1(2) (1) Brussels/Lugano Convention. The court finds that the judgment in question relates to a property scheme according to German law particularly and exclusively provided for matrimonies.