OGH; 2022-04-26; 2 Ob 47/22h
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2022:0020OB00047.22H.0426.000
Date: 2022-04-26
Subject matter: Judicial cooperation in civil matters;Lugano Convention
Origin: Austria

82022AT0426(51)_ENG_SUMJURE
JURE summary
JURE summary
The Supreme Court dismissed an extraordinary revision of an heir against a resolution of the Landesgerichts Innsbruck regarding an inheritance matter, citing the failure to meet the necessary preconditions under Article 62(1) of the AußStrG (1).
Despite missing case law to the specific matter, no substantial legal uncertainty is given if the law provides for a clear regulation of such a matter. Under Article 1(2)(a) of the new Lugano Convention (2), the new Lugano Convention does not apply to inheritance law, including last wills. Also excluded are the juridical transfer of title to inheritance, the issuance of a European certificate of succession, as well as other decision within inheritance proceedings, such as the decision regarding the costs of the proceedings or the payment of costs to the inheritance administrator.
Courts in the previous instances were correct to state that no certificate under Article 54 of the new Lugano Convention could be issued to these decisions within insolvency proceedings.
(1) Gesetz vom 12. Dezember 2003 über das gerichtliche Verfahren in Rechtsangelegenheiten außer Streitsachen (Act of 12 December 2003 on court proceedings in legal matters except for disputes).
(2) Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.