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Results: 4 Answers
Enforcement of Foreign Judgments
6.
Appeals
6.1
Can decisions in relation to the recognition and enforcement of foreign judgments be appealed?
 
Austria
The decision on the declaration of enforceability may be appealed within four weeks of delivery. This timeframe may be extended to eight weeks if a party’s habitual residence is not in Austria and the appeal constitutes the party’s first opportunity to participate in the proceedings. Where the party files an appeal, the opposing party has four weeks from the time of being served with the appeal to file a reply.

The debtor must assert all grounds for dismissal of the application for recognition or a declaration of enforceability simultaneously in the appeal, and is precluded from asserting them at a later stage of the proceedings

A second appeal to the Austrian Supreme Court against the appellate court’s decision requires that the question for determination by the Supreme Court concern an issue of substantive or procedural law whose determination is deemed essential to legal certainty and security, or to the further development of the law. Furthermore, the admissibility of a second appeal depends on the amount in dispute, which must exceed €5,000.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
6.2
Can the applicant seek injunctive relief while the appeal is pending?
 
Austria
See question 3.7.

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