Oberster Gerichtshof, Urteil vom 23/10/2007 3 Ob 178/07h
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2007:0030OB00181.07Z.1023.000
Date: 2007-10-23
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82007AT1023(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The German federal office for special reunification tasks having its seat in Berlin (DE) brought an action before the Verwaltungsgericht (administrative court) of Berlin (DE) against the Austrian obligated party. The Verwaltungsgericht assessed the costs to be refunded by the obligated party in a title of costs. The magistrate of the city of Vienna (AT) applied for a declaration of enforceability in Austria of the title of costs, referring to the agreement between Germany and Austria for administrative and judicial assistance in administrative matters. The lower courts granted the application. The obligated party appealed to the OGH (AT). It alleged that the lower courts had erred in issuing the enforcement order, the title of costs being a matter of civil law to which the agreement for administrative and judicial assistance in administrative matters is not applicable.
The OGH (AT) dismisses the appeal. It firstly affirms the lower courts' holding that a cost compensation claim of a German public entity arising from an administrative dispute constitutes a claim subject to public law. However, the result would be the same if it was assumed that the claim is subject to civil law, as alleged by the obligated party. If the cost compensation claim was qualified as being subject to civil law, it would have to be enforced in Austria on the basis of the Brussels I Regulation. According to Article 1 Brussels I Regulation, the Regulation applies to all proceedings in civil matters. The court's position within the court organisation is irrelevant. Where an administrative court issues a title subject to civil law, the latter is enforceable according to the Brussels I Regulation.