Oberster Gerichtshof, Urteil vom 25/02/2004 3 Nc 4/04z
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2004:0030NC00004.04Z.0225.000
Date: 2004-02-25
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82004AT0225(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Handelsgericht of Vienna (AT) issued a default judgment in favour of the applicant ordering the defendant, a limited liability company with its seat in Germany, to cease certain anti-competitive practices in Austria. An administrative fine was not fixed. According to the submissions of the applicant, the debtor acted contrary to the prohibitory injunction. The Landgericht of Aachen (DE) issued a declaration of enforceability in Germany of the judgment. As a result of alleged breach of the injunction, the applicant filed an administrative fine request with the Landgericht of Aachen, seeking the imposition of an administrative fine according to the court’s discretion. The court dismissed the application. The applicant considered that enforcement in Germany was practically impossible and requested the designation of a competent Austrian court.
The Oberste Gerichtshof (AT) holds, with reference to its earlier jurisprudence (3 Nc 104/02b), that a designation of a competent court is also possible in enforcement matters where the domestic jurisdiction, but not the territorial jurisdiction of a national court, is established. As the debtor has its seat in Germany, a national court does not have territorial jurisdiction. Nevertheless, domestic jurisdiction for enforcement is founded on the basis of a particular need for legal relief in Austria. Such a need for legal relief exists if enforcement abroad is impossible or unreasonable. As an obligation to pay an administrative fine was not stated in the grounds of the Austrian injunctive judgment nor was the size of the fine fixed, the enforcement of such an order in Germany, even with the application of the Brussels I Regulation, presents considerable difficulties; it is likely that the applicant's enforcement application would be rejected there. In view of this, enforcement abroad is unreasonable and the application for designation of a competent Austrian court is founded.