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Results: 4 Answers
Enforcement of Foreign Judgments
7.
Enforcing the foreign judgment
7.1
Once a declaration of enforceability has been granted, how can the foreign judgment be enforced?
 
Austria
Once a foreign judgment has been declared enforceable, execution follows the same rules as those for a domestic judgment. The enforcement of judgments is regulated by the Enforcement Act. Austrian enforcement law provides for various types of enforcement. A distinction is made between title to be enforced directed at a monetary claim or at a claim for specific performance, and against which asset enforcement is to be levied. Generally, the usual methods for enforcement are:

  • seizure of property;
  • attachment and transfer or receivables;
  • compulsory leasing; and
  • judicial action.

Enforcement will be executed by a bailiff, who is an executive of the court and must comply with the court’s orders.

With respect to immovable property, three types of enforcement measures are available:

  • compulsory mortgage;
  • compulsory administration, with the goal of generating revenue to satisfy the claim; and
  • compulsory sale of an immovable asset.

With respect to movable property, Austrian law distinguishes between:

  • attachment of receivables;
  • attachment of tangible and moveable objects;
  • attachment of claims for delivery against third-party debtors; and
  • attachment of other property rights.

Austrian law does not allow for the attachment of certain specific receivables, such as nursing allowance, rent aid, family allowance and scholarships.

Finally, the enforcement court may also order specific performance.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
7.2
Can the foreign judgment be enforced against third parties?
 
Austria
A foreign judgment can be enforced only against the party that is named as a debtor in the foreign judgment. The principles of agency and alter ego in order to enforce a judgment against a party not stated in the judgment do not apply in Austria.

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