Oberster Gerichtshof; 2015-09-17; I., spol. s.r.o.; A., s.r.o.; 3 Ob 152/15x
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2015:0030OB00152.15X.0917.000
Date: 2015-09-17
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82015AT0917(51)_ENG_SUMJURE
JURE summary
JURE summary
A private limited company (the "applicant") requested the issuance of a certificate of a court decision in accordance with Article 54 of the Brussels I Regulation (¹) against another private limited company (the "respondent") because several Liechtenstein court decisions have been declared finally enforceable in Austria.
The Court of First Instance (Bezirksgericht Floridsdorf) matched the applicant's request.
Upon the respondent’s appeal, the Court of Appeal (Landesgericht für zivilrechtssachen Wien) confirmed the decision of the Court of First Instance. According to Article 54 of the Brussels I Regulation the certificate has only declarative effect; it was nothing more than an extended form of the confirmation of enforceability according to national law.
The respondent argued in its ordinary appeal on points of law that the certificate according to Article 54 of the Brussels I Regulation went beyond Article 7(3) EO (²) because it included a confirmation according to which the decision was enforceable in another Member State.
The Oberster Gerichtshof (hereinafter the "OGH") found that the appeal on points of law is admissible, but not entitled. The OGH also said that the certificate is enforceable in another Member State. The title debtor always has the possibility to assert the incorrectness of the issue of the certificate in a foreign court action. The legal protection deficit the respondent claimed does not exist.
Therefore the OGH did not follow the respondent’s appeal on points of law.
(¹) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, valid until 09.01.2015.
(²) Gesetz vom 27. Mai 1896, über das Exekutions- und Sicherungsverfahren (Exekutionsordnung – EO).