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Results: 4 Answers
Enforcement of Foreign Judgments
2.
Requirements for enforceability
2.1
What types of judgments may be recognised and enforced in your jurisdiction? Are any types of judgments specifically precluded from enforcement?
 
Austria
In general, all judgments ordered by a foreign court are enforceable in Austria. It is essential that the foreign judgment represents a writ of execution in its country of origin and is enforceable in that country. Section 403 of the Enforcement Act states that foreign legal acts and/or deeds shall be enforced in Austria after being declared enforceable. The term ‘legal acts and/or deeds’ should be interpreted as meaning any judgment given by a court or tribunal, as long as the executory title is enforceable in the state of issuance of the judgment.

Austrian public policy must be considered when assessing whether remedies are enforceable in Austria, as only those remedies that do not violate the fundamental principles of Austrian law will be enforceable.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
2.2
Must a foreign judgment be final and binding before it can be enforced?
 
Austria
In general, the foreign judgment need not be final and legally binding according to the laws of the country where it was rendered. As long as the judgment is enforceable in the country of origin, it must be declared enforceable in Austria as well.

Leave for enforcement and an enforcement authorisation may be ordered by an Austrian court regardless of whether the executory title in question is subject to appellate proceedings in its jurisdiction of origin.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
2.3
Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?
 
Austria
Pursuant to Section 406 of the Enforcement Act, the foreign executory title may be enforced even if it is still subject to appeal, but enforceable in the state of the issuance of the award.

In case of an appeal against the decision to grant a declaration of enforceability, the appeal court may stay the proceedings until the foreign judgment has become final and binding.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
2.4
What is the limitation period for making an application for recognition and enforcement?
 
Austria
Limitation periods vary depending on the claim in question and the law applicable to such claim. Under Austrian law, a judgment may be enforced within 30 days of its entry into legal force. The limitation period starts from the day on which the judgment became legally binding.

In the case of a final judgment from a foreign court, Austrian law distinguishes between two scenarios:

  • If the foreign judgment is enforceable in Austria, the statute of limitations must be assessed under the law applicable to the claim awarded in the judgment. In this case, the Austrian courts may reject the declaration of enforceability where, under the applicable foreign law, the right to enforce the judgment has already become time barred.
  • If the foreign judgment is not enforceable in Austria, such a final judgment merely interrupts the statute of limitations under the law applicable to the claim awarded in the judgment and causes the limitation period to start to run again.
For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP