Oberster Gerichtshof, Urteil vom 18/12/2002 3 Ob 295/02g
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2002:RS0117231
Date: 2002-12-18
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82002AT1218(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian court of first instance declared a German judgment conditional on a cheque enforceable in Austria. This was confirmed by the Austrian appellate court, which held that the obliged party had been given the right to be heard, as that party had applied in the hearing for a dismissal of the action.
The OGH (AT) holds that the defendant party, which appealed against the declaration of enforceability, had entered an appearance before the German courts without contesting jurisdiction according to Article 34(2) Brussels I Regulation. This finding would not be altered if the defendant had entered an appearance under reservation in order to challenge the jurisdiction of the German courts. Contrary to Article 24 Brussels I Regulation, which provides a respective limitation, any appearance of the defendant before the court which indicates that he had knowledge of the proceedings is sufficient for the purpose of Article 34(2) Brussels I Regulation.