Oberster Gerichtshof, Urteil vom 06/04/2006 6 Ob 64/06i
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2006:RS0120857
Date: 2006-04-06
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82006AT0406(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Swedish company S AB was registered in the trade register of the Landesgericht of Salzburg (AT) as shareholder of the Austrian company S GmbH. After it allegedly assigned its shares to the Swedish company A AB, the latter was registered as shareholder. S AB claimed that the assignment was invalid. It commenced proceedings before the Landesgericht of Salzburg (AT) against S GmbH seeking its re-entry as shareholder. A AB joined the proceedings. The Landesgericht of Salzburg acceded to the claim. S AB obtained a re-entry as shareholder on the basis of the final judgment. After an appeal by A AB and an appeal on a point of law by S AB, the case came before the OGH (AT). The OGH had in particular to determine the application by A AB for a stay of the appellate proceedings due to parallel proceedings between the same parties before a Swedish court.
The OGH (AT) affirms the re-entry of S AB as a shareholder and dismisses the application for a stay by A AB. It holds that a possible judgment in the Swedish proceedings presumably could not be recognised in Austria.The recognition does not already fail due to Article 22(3) Brussels I Regulation, as the exclusive jurisdiction provided therein only applies to disputes regarding the validity of entries in public registers. It does not apply to the entry's substantive law prerequisites. However, Article 34(3) Brussels I Regulation would bar recognition. The concept "between the same parties" has to be interpreted in an autonomous way. It encompasses all cases of extension of the binding effect, including the joinder of parties and the vouching in of a third party. As the binding judgment is also effective with regards to A AB, an opposed Swedish judgment cannot be recognised.