Oberster Gerichtshof, Urteil vom 01/09/2010 3 Ob 119/10m
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2010:RS0126248
Date: 2010-09-01
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82010AT0901(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The applicant was ordered to pay 163_994.93 Euro
in a judgment of the District Court of Bucharest (RO). The total amount was sub-divided into two tranches after correction of the judgment through a supplementary order. The District Court of Bucharest irrevocably annulled this order before the declaration of enforceability of the judgment in Austria was issued, but only after the application for the same was made. Therefore, the applicant lodged an appeal to the Landesgericht of Wiener Neustadt (AT) against the decision of the Bezirksgericht of Baden (AT) regarding the declaration of enforceability. According to the applicant, the annulment of the supplementary order did not conclude the proceedings in Bucharest. The original judgment of the District Court of Bucharest may also not be declared enforceable separately, since it forms an inseparable unit with the order. The Landesgericht upheld the judgment of the court of first instance. The applicant lodged an appeal to the OGH.
The OGH dismisses the appeal. The declaration of enforceability related to the original judgment and not to the correcting order, since this only corrected the composition of the sum, but not the sum itself. There is therefore no new judgment on the merits. The fact that the certificate according to Article 53 Brussels I Regulation, which referred to the correcting order, refers to a version of the judgment which no longer exists is not problematic. According to Article 55(1) Brussels I Regulation, a document equivalent to the certificate suffices. This may compose of several documents: in this case, the flawed certificate and the judgment to be enforced itself. Since the division of the sum into the principle and the capitalised interest in the overturned correcting order in the absence of an award of ongoing interest on one of the partial amounts did not lead to a change in the overall sum, there is no justification for denying enforceability.