Oberster Gerichtshof, Urteil vom 27/04/2005 3 Ob 23/05m
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2005:RS0120074
Date: 2005-04-27
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82005AT0427(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
An Italian court sentenced the debtor to pay a certain amount of money. Thereupon, the creditor filed for the declaration of enforceability of the judgment in Austria as well as the authorisation of a levy of enforcement. The competent Austrian court issued a declaration of enforceability of the Italian judgment in Austria and authorised the levy of enforcement. The appellate court upheld this decision.
However, it adjourned the proceedings for the declaration of enforceability on the request of the obligated party, pending the outcome of any appeals against the judgment. The party seeking enforcement appealed against the adjournment of the proceedings for the declaration of enforceability.
The Oberste Gerichtshof (AT) dismisses the appeal. The court holds that an appeal by the creditor according to Article 44 Brussels I Regulation against the decision of the court of second instance, which grants an application by the debtor for the stay of proceedings for a declaration of enforceability  according to Article 46 Brussels I Regulation, is absolutely inadmissible. Based on the previous, restrictive jurisprudence of the ECJ, a further appeal against an appeal decision against the issue or refusal of a declaration of enforceability is only admissible if it is restricted to a point of law. It would defeat the purpose of the Brussels I Regulation, specifically the reform of the exequatur proceedings under the Brussels I Regulation aimed at streamlining the proceedings, if an appeal against the decision of the court of second instance, which did grant an application of the debtor to stay the declaration of enforceability, was to be allowed.