Oberster Gerichtshof, Beschluß vom 26/04/2000  # 3 Ob 248/98m
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2000:0030OB00248.98M.0426.000
Date: 2000-04-26
Based on: Provisional data
Subject matter: Lugano Convention
Origin: Austria

82000AT0426(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, an Italian trade company, requested that the payments summons of an Italian court be declared enforceable in Austria. The court of first instance complied with this request, whereas the court of appeal dismissed it for lack of proof of service.
The OGH (AT) assumes that the presented Italian payments summons constitute a decision which can be recognised within the meaning of Article 25 Lugano Convention. It is furthermore not contrary to Austrian public policy according to Article 27(1) Lugano Convention, since the grounds not only for the proclamation of the decision but also for the jurisdiction of the court can be concluded from the context of the minutes of the proceedings presented. Neither the fact that the decision is only “provisionally enforceable” nor the circumstance that it can be withdrawn and modified by the judge who gave it, opposes to recognition. Indeed the title concerns an absolute obligation for payment.