Oberster Gerichtshof, Urteil vom 27/01/2010 3 Ob 251/09x
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2010:0030OB00251.09X.0127.000
Date: 2010-01-27
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82010AT0127(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Tribunale of Padua issued a protective seizure order against the assets of the respondents in non-contentious, ex parte proceedings for interim relief by an order of 11.06.2008 due to a considerable money sum. The respondents brought an action provided for in Italian law of civil procedure to set aside this order. It was rejected by the Tribunale of Padua by a decision of 08.08.2008. Upon the request of the applicant, the Bezirksgericht of Klagenfurt (AT) issued an Austrian declaration of enforceability of the judgments of the Italian court. At the same time, it ordered the seizure of claims held by the respondents in relation to an Austrian bank. The decision of the Bezirksgericht was upheld by the Landesgericht of Klagenfurt (AT) upon an appeal of the respondents. The respondents lodged an appeal on a point of law to the OGH (AT). They argued that the judgment was not a judgment capable of recognition within the meaning of Article 32 Brussels I Regulation. The judgment of the Tribunale of Padua from 11.06.2008 was not issued in contentious proceedings. The judgment of 08.08.2008, on the other hand, lacked sufficiently specified enforceable content, since it did not contain any order for performance of its own.
The OGH dismisses the appeal. It holds that the relevant and, in its decision, sufficiently specified judgment of the Tribunale of Padua was the judgment issued on 11.06.2008 and upheld in contentious proceedings on 08.08.2008. It expressly states the acts which the applicant was authorised by the Italian court to carry out. In relation to this judgment, the Tribunale of Padua also issued a certificate pursuant to Article 54 Brussels I Regulation.