Comparative Guides
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Results: 4 Answers
Enforcement of Foreign Judgments
3.
Recognition and enforcement process
3.1
Is recognition of a foreign judgment a separate process from enforcement and does it have separate legal effects?
 
Austria
The enforcement of foreign judgments in Austria is contingent on the application and issuance of a declaration of enforceability. Once the declaration is effective, the judgment may be enforced. However, the application for a declaration of enforceability and the motion for enforcement may be filed at the same time.

On the other hand, under the Brussels regime, a judgment rendered in an EU member state is recognised in other member states without any separate recognition proceeding. Furthermore, a judgment issued in an EU member state and enforceable in that member state is also enforceable in any other member states without a declaration of enforceability. The judgment creditor need only provide a copy of the judgment and a certificate stating that the judgment is enforceable.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
3.2
What is the formal process for recognition and enforcement?
 
Austria
A party seeking enforcement must request leave for enforcement from the respective court. The application for a declaration of enforceability must be submitted to the court of the place where the debtor is domiciled. The party may combine this request with a request for an enforcement authorisation. In such case the court will decide on both simultaneously. Once a foreign judgment has been declared enforceable in Austria, its execution follows the same rules as those for a domestic judgment, meaning that the enforcement of judgments is regulated by the Enforcement Act.

The court will examine both the grounds for granting leave and the grounds for refusal, based only on the documents submitted. Either party may appeal the district court’s order (see question 6). If a judgment contains a measure or an order which is not known in Austria, the court may adapt that measure or order a measure known in Austria which has the equivalent effect.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
3.3
What documents are required in support of an application for recognition and enforcement?
 
Austria
The party must submit the original foreign judgment or a copy issued by the same authority which rendered the foreign judgment. A full certified translation of the judgment must accompany the original or copy.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
3.4
What fees are payable for recognition and enforcement?
 
Austria
An application for a declaration of enforceability triggers no fees. However, an application for enforcement will trigger court fees, depending on the amount in respect of which the enforcement is sought. These court fees must be paid under the Court Fees Act, which also applies to the enforcement of domestic judgments.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
3.5
Is the applicant required to provide security for costs?
 
Austria
No, the applicant for recognition and enforcement in general need not provide security for costs. However, where there is an application to stay proceedings, if the stay of the enforcement proceedings might endanger satisfaction of the enforcing creditor’s claim, the court may order an appropriate security deposit from the applicant.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
3.6
How long does it usually take to obtain a declaration of enforceability?
 
Austria
It takes approximately one to two months for a decision on recognition and enforcement to be rendered at first instance. This period may be extended by a maximum of a further six months if the decision is appealed.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
3.7
Can the applicant seek injunctive relief while the process is ongoing?
 
Austria
The parties to the proceedings may appeal the decision granting the declaration of enforceability within four weeks. However, this appeal does not constitute grounds to stay the enforcement proceedings. If the opposing party has appealed the writ of execution, it can apply for a stay of the proceedings in accordance with the Enforcement Act.

If the writ of execution is modified or suspended in its country of origin after the declaration of enforceability has become legally effective, the opposing party may file for the suspension or alteration of the declaration of enforceability.

If the enforcement is already approved before the issuance of a final declaration of enforceability, the enforcement proceedings must be initiated; but any realisation acts are not to be initiated until the declaration of enforceability has become final and legally binding.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP