Recognition of Foreign Judgments in Austria
Recognition of Foreign Judgments in AustriaUpdated on Tuesday 19th September 2017
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Austria has signed a considerable number of international recognition of foreign judgments. Apart from the international regulations and treaties to which the country is part of, the Austrian Code of Civil Procedure is another important source of law or determining the enforceability of a foreign judgment.
One of the experts at our law firm in Austria can help you understand the conditions under which a civil or commercial foreign judgment could be enforced in the country.
The main conditions for foreign judgment recognition in Austria
An important condition for a foreign judgment to be recognized under Austrian law is that it is enforceable in the country where it was issued. Furthermore, for the judgment to be valid, a bilateral or multilateral treaty must be in force between Austria and the country where the judgment originated from (also known as the rules on reciprocity).
The declaration of enforceability is only issued in a clear case of Austrian public policy violation. When the judgment received the declaration of enforceability, it must be submitted to the relevant Austrian courts in original or in a court-issued copy. One of our lawyers in Austria can help you make this submission and help you if there is any need for a certified translation of the said foreign judgment.
Limitations on foreign judgments in Austria
The statute of limitations for enforcing foreign judgments in Austria is not a matter of procedural law and depends on the claim and the laws that apply to it. When the right to enforce a judgment has already passed its due time, the Austrian courts may reject its enforcement. One of our attorneys in Austria is able to answer questions regarding time limitations, according to the type of foreign court judgment that has been issued in your case.
Cases that need the enforcement of a foreign court judgment are brought before the competent court in Austria, which is usually the district court to which the defendant belongs.
The Austrian courts may refuse to enforce a foreign judgment if it contradicts other judgments that have been declared final, involving the same parties. One of our attorneys in Austria can give you more information on foreign judgment enforcement and the enforcement against third parties.
Our lawyers can offer you more information on litigation in Austria and also on alternative dispute resolution methods, such as arbitration.
You can contact our law firm in Austria for more details on the recognition of foreign judgments and how our lawyers can help you.