Landesgericht Eisenstadt, Urteil vom 01/03/2004 13 R 312/03k
Decision by national courts in the field of European Union law — ECLI:AT:LG00309:2004:RES0000028
Date: 2004-03-01
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82004AT0301(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian plaintiff demanded before the Austrian courts that the German defendant pay, inter alia, for the delivery of fuel. The legal dispute came to an end by way of a court settlement which became effective. Subsequently, the plaintiff made “an application for the issue of a certificate according to Articles 54, 58 Brussels I Regulation concerning court decisions and court settlements pursuant to Article 54 Brussels I Regulation” for the purposes of enforcement in Italy. The plaintiff demanded the reimbursement of costs incurred. The Court of First Instance dismissed the application for the award of costs. The plaintiff appealed against this decision.
The Landgericht of Eisenstadt (AT) dismisses the plaintiff’s appeal. According to Article 54 Brussels I Regulation, the court of the Contracting State where a judgment was given, shall issue, at the request of the interested party, a certificate using the standard form in Annex V to the Brussels I Regulation, from which all of the necessary details for the decision in the enforcing State shall be found. According to Article 58 Brussels I Regulation, settlements which are concluded before a court and which are enforceable in the Member State in which they were concluded, are to be enforced under the same conditions as authentic instruments. The Brussels I Regulation however contains no provisions regarding the question on whether the costs for the issue of a certificate according to Article 54 or Article 58 Brussels I Regulation are to be refunded or which court or authority is to decide on the award of such costs. The Brussels I Regulation also does not regulate the reimbursement of costs for the application for a declaration of enforceability. These issues are governed exclusively according to domestic law. Therefore, these costs of the original proceedings cannot be requested.