Landesgericht Klagenfurt, Urteil vom 15/02/2008 1 R 326/07x
Decision by national courts in the field of European Union law — ECLI:AT:LGKL729:2008:RKL0000044
Date: 2008-02-15
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82008AT0215(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The German maintenance creditor enforced several German maintenance judgments against the debtor in Austria. The Austrian declaration of enforceability with regards to those judgments had the force of law. The maintenance debtor brought an action against the enforcement. Thereby, he specifically asserted that after he was ordered to pay maintenance, the conditions underlying the judgment had changed. The maintenance creditor was meanwhile able to maintain herself. Furthermore, his own capacity had diminished as he became disabled and his income decreased. The maintenance debtor's application for adjournment of the enforcement of the continuous maintenance was dismissed by the court of first instance. He thus appealed to the Landesgericht of Klagenfurt (AT).
The Landesgericht of Klagenfurt (AT) dismisses the appeal for being unsuccessful, as the Austrian courts lack jurisdiction over the maintenance debtor's application for a modification of the judgment. The forum provided by Article 5(2) Brussels I Regulation only applies to maintenance claims by the maintenance creditor. However, it does not apply to applications for a modification of the judgment by which the maintenance debtor seeks a review of the maintenance judgment due to a change of circumstances. The international jurisdiction of the Austrian courts over the application for a modification can neither be based on Article 22(5) Brussels I Regulation, as such an application does not fall within proceedings in the scope of enforcement.