Comparative Guides
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Results: 4 Answers
Enforcement of Foreign Judgments
4.
Defences
4.1
On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?
 
Austria
A declaration of enforceability may be denied if:

  • the foreign court did not have jurisdiction over the matter;
  • the right to be heard was violated; or
  • the judgment violates Austrian public policy.

A foreign judgment may not be reviewed as to its substance.

Under the Brussels regime, in cases where the judgment was rendered by another EU member state, recognition and enforcement will be refused if:

  • this would be contrary to Austrian public policy;
  • the defendant was not served with the document instituting proceedings following a proper service process;
  • recognition or enforcement is irreconcilable with an earlier judgment given in another state involving the same parties and the same cause of action; or
  • recognition or enforcement is irreconcilable with a judgment given in Austria involving the same parties.
For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
4.2
What is the limitation period for filing a challenge?
 
Austria
There is no limitation period. However, claims arising from a judgment expire 30 years after the date on which the judgment became final and binding. Periodical claims expire after three years.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
4.3
Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?
 
Austria
The parties to enforcement proceedings may request a stay of enforcement proceedings. The Enforcement Act allows certain grounds for such a stay of proceedings, including an application to set aside the judgment or a motion for the suspension or alteration of the declaration of enforceability. 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