Oberster Gerichtshof, Urteil vom 04/11/2008 3 Nc 67/08w
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2008:0030NC00067.08W.1104.000
Date: 2008-11-04
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82008AT1104(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
All parties are domiciled in Germany. The applicant obtained a decree from the Bezirksgericht of Zell am See (AT) ordering the respondents to return certain movable things to a house in Zell am See. The applicant seeks to enforce the decree against the respondents and to apply for the measures provided by Austrian law for the enforcement of untenable acts. According to Austrian law, the court of the district in which service of the so-called "Exekutionsbewilligung" (grant of enforcement) is effected, as first act of an enforcement, has jurisdiction to order such measures. Due to the fact that the respondents are domiciled in Germany, no such Austrian court is provided. Thus, the applicant applied to the OGH (AT) for a determination of the court having local jurisdiction by way of a so-called “ordination”.
The OGH (AT) dismisses the application for an ordination. It holds that a legal interest in the determination of the court having jurisdiction over the enforcement of an Austrian title can only be assumed where an enforcement abroad would be unreasonable or impossible. However, such an assumption cannot be made in this case. According to the provisions within the Brussels I Regulation, the Austrian enforcement order can be enforced any time in Germany, the State of domicile of the respondents. Since the entry into force of the Regulation, domestic legal protection regarding the enforcement of an Austrian title in another Member State can no longer be granted where no specific legal interest has been demonstrated.