Oberster Gerichtshof, Beschluß vom 28/04/2004 3 Ob 203/03d
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2004:0030OB00203.03D.0428.000
Date: 2004-04-28
Subject matter: Lugano Convention
Origin: Austria

82004AT0428(05)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
After the judgment of a Polish court concerning the maintenance obligations of the plaintiff to his Polish wife, the defendant, had been declared enforceable in Austria, the plaintiff brought an action before the competent Polish court for a declaration that his maintenance obligation had expired. He then brought an action in Austria with the same request, in order to prohibit the execution of the Polish judgment in Austria. In these proceedings, the Austrian court of first instance declared it lacked competence according to Article 21 Lugano Convention, on the basis of the dispute already pending in Poland. This was confirmed on appeal.
The OGH (AT) also confirms that the two proceedings for annulment of the maintenance obligation constitute the “same claim” within the meaning of Article 21 Lugano Convention. The two proceedings have the same essential purpose, as the claim in Austria seeks a declaration that enforcement is not permissible as well as a declaration of the expiration of the claim. Thus, the earlier claim brought in Poland has priority. Accordingly, the second claim in Austria is dismissed.