Oberster Gerichtshof, Urteil vom 23/05/2003 3 Nc 15/03s
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2003:0030NC00015.03S.0523.000
Date: 2003-05-23
Subject matter: Lugano Convention
Origin: Austria

82003AT0523(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff intended to enforce an interim injunction which was pronounced by an Austrian court against a company having its seat in Switzerland. The plaintiff applied to an Austrian court for the enforcement of the judgment. The Court declared that it lacked local jurisdiction. The decision was overruled on appeal and the OGH (AT) was requested to determine the court having local jurisdiction.
The OGH (AT) dismisses the application. The OGH finds that according to Austrian law, it only has to determine the court having local jurisdiction where in a given case a legal prosecution abroad would be impossible or unacceptable. However, this is not the case in these proceedings, as according to Articles 25 and 25 Lugano Convention, judgments can be recognised in other Contracting States irrespective of their name. Provided that they are enforceable in one Contracting State, such judgments are enforced in other Contracting States, after they were declared enforceable there upon an application by a beneficiary. An exception is only made where a ground for non-recognition according to Article 27 Lugano Convention exists, which is not the case in these proceedings.