ABSTRACT

The procedure for the recognition and enforcement of foreign judgments is contained in sections 79 and 86 of Austrian Enforcement Act. Austria became a full member of the European Union on 1 January 1995 and, on 1 September 1996, adhered to 1968 Brussels Convention and the 1988 Lugano Convention on Jurisdiction and the Enforcement of Foreign Judgments in Civil and Commercial Matters. Austria has signed a number of bilateral treaties for reciprocal recognition and enforcement of judgments, mostly in relation to civil and commercial matters and, in some cases, in relation to arbitral awards and orders for maintenance. According to the Enforcement Act, following requirements must be met before a foreign judgment can be registered and enforced in Austria. They are: reciprocity, assumption of jurisdiction, personal service, and final judgment. An application for registration and enforcement of a foreign judgment must be lodged at the local court where the judgment debtor resides or, where a company, has its principal office.