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Results: 4 Answers
Enforcement of Foreign Judgments
1.
Legal and judicial framework
1.1
Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction?
 
Austria
In addition to the bilateral and multilateral instruments discussed below, the Austrian Enforcement Act, the Austrian Code of Civil Procedure and the Austrian Jurisdiction Act govern the recognition and enforcement of foreign judgments. In case of a conflict between statutory law provisions and applicable treaty provisions, the latter will prevail. Although Austrian case law is not binding, it is given careful consideration.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
1.2
Which bilateral and multilateral instruments on the recognition and enforcement of foreign judgments have effect in your jurisdiction?
 
Austria
Austria is a signatory to many bilateral and multilateral instruments. The most important in this regard is EU Regulation 1215/2012 of 12 December 2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Recast) (Brussels Ia Regulation). The Brussels Ia Regulation lays down uniform rules to facilitate the free circulation of judgments in the European Union and applies to legal proceedings instituted on or after 10 January 2015. The Brussels Ia Regulation replaces EU Regulation 1215/2012 of 22 December 2000 (the Brussels I Regulation; together with the Brussels Ia Regulation, ‘the Brussels regime’), which remains applicable to all legal proceedings instituted prior to 10 January 2015.

Other instruments regarding the recognition and enforcement of foreign judgments, between both EU and non-EU member states, are set out in the table below.

Instrument Purpose Jurisdiction
Regulation (EC) No 2201/2003 of the Council of 27 November 2003 (Brussels IIa) Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility EU
Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 European enforcement order for uncontested claims EU
Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 European order for payment procedure EU
Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 European small claims procedure EU
Regulation (EC) No  4/2009 of the Council of 18 December 2008 Jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations EU
Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 Established the European account preservation order procedure to facilitate cross-border debt recovery in civil and commercial matters EU
Regulation (EU) No 2015/848 of the European Parliament and of the Council of 20 May 2015 Insolvency proceedings EU
Regulation (EU) No 2016/1104 of the Council of 24 June 2016 Enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships EU
The Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of 30 October 2007 (Lugano Convention) Facilitates the mutual recognition and enforcement of judgments handed down by the national courts of the EU member states and the other contracting states EU and Iceland, Norway and Switzerland
The Treaty on the Recognition and Enforcement of Judgments and Public Deeds in Civil and Commercial Matters of 23 June 1977 Jurisdiction and the recognition and enforcement of judgments Bilateral (Austria and Tunisia)
The Convention on the Recognition and Enforcement of Judgments, Arbitral Awards, Settlements and Public Deeds of 5 July 1973 Jurisdiction and the recognition and enforcement of judgments Bilateral (Austria and Liechtenstein)
The Convention on the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters of 6 June 1966 Jurisdiction and the recognition and enforcement of judgments Bilateral (Austria and Israel)
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 Recognition and enforcement of foreign arbitral awards Multilateral (all signatories to the convention)
For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
1.3
Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments?
 
Austria
According to the Enforcement Act, the competent court for the declaration of enforceability, in general, is the district court of the opposing party’s domicile. Once the declaration of enforceability has been obtained and is effective, the foreign judgment may be enforced. The court for the declaration of enforceability and the court for the motion for enforcement are different. The court proper for the motion for enforcement is:

  • the district court where land property that is the object of enforcement is registered;
  • the district court where immovable property not registered is located;
  • the district court of the opposing party’s domicile, in case of receivables; or
  • the district court of the third party’s domicile, in case of garnishment orders.
For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP