Landesgericht Graz, Urteil vom 12/11/2008 4 R 268/08y
Decision by national courts in the field of European Union law — ECLI:AT:LG00638:2008:RGZ0000028
Date: 2008-11-12
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82008AT1112(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The applicant applied to the Bezirksgericht of Leibnitz (AT) for an Austrian declaration of enforceability of a "certificate of debts outstanding after seizure" of the Swiss Betreibungsamt of Reuenthal. A Betreibungsamt is an enforcement organ of the Swiss civil jurisdiction. The Bezirksgericht dismissed the application on the grounds that it did not concern an enforceable judgment capable of recognition according to the Lugano Convention 1988, but rather a judgment in the context of execution proceedings. An exequatur according to the rules of the Lugano Convention is therefore not possible. The applicant lodged a complaint to the Landesgericht of Graz (AT).
The Landesgericht of Graz upholds the judgment of the Bezirksgericht and dismisses the complaint. It holds that a "certificate of debts outstanding after seizure" under Swiss law of civil procedure is not a judgment within the meaning of Article 25 Lugano Convention 1988. Rather, it merely concerns an official certificate stating that execution against the debtor did not lead to the satisfaction of the claim of the creditor. A "certificate of debts outstanding after seizure" is also not an enforceable authentic instrument within the meaning of Article 50(1) Lugano Convention 1988. It does concern an authentic instrument, which itself, however, does not contain any enforceable content and therefore may not be issued with a declaration of enforceability in another Contracting State of the Lugano Convention.