Austria: Enforcement of Judgments in Civil and Commercial Matters

What international conventions, treaties or other arrangements apply to the enforcement of foreign judgments in your jurisdiction and in what circumstances do they apply?

The applicable framework operates on two levels: international instruments (EU regulations, multilateral conventions, and bilateral treaties), and domestic legislation. Where the two levels conflict, international treaties and EU regulations override domestic law.

A. International level

Austria is a party to numerous bilateral and multilateral instruments governing the recognition and enforcement of foreign judgments. The most important among these is the EU Brussels Ia Regulation (1215/2012), which sets out uniform rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters across the European Union. It applies to proceedings initiated on or after 10 January 2015; while its predecessor – the Brussels I Regulation (44/2001) – remains applicable to earlier cases.

In addition, the Brussels IIb Regulation (2019/1111), which entered into force on 1 August 2022, replaced the Brussels IIa Regulation and now governs jurisdiction as well as the recognition and enforcement of decisions concerning:

• parental responsibility; and

• international child abduction.

Austria is also bound by the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, which entered into force for EU member states (except Denmark) on 1 September 2023. This convention introduced a global legal framework for the cross-border enforcement of judgments, though it excludes certain areas, such as:

• family law;

• insolvency; and

• intellectual property.

Lastly, Austria has concluded various bilateral treaties with non-EU states – such as Israel, Liechtenstein, Tunisia and Turkey – that provide reciprocal arrangements for the recognition and enforcement of judgments in civil and commercial matters.

Other instruments regarding the recognition and enforcement of foreign judgments, between both EU and non-EU member states, are set out in the table below.

Instrument: Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004
Purpose: European enforcement order for uncontested claims

Instrument: Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006
Purpose: European order for payment procedure

Instrument: Regulation (EC) No 4/2009 of the Council of 18 December 2008
Purpose: Jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

Instrument: Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014
Purpose: Established the European account preservation order procedure to facilitate cross-border debt recovery in civil and commercial matters

Instrument: Regulation (EU) No 2015/848 of the European Parliament and of the Council of 20 May 2015
Purpose: Insolvency proceedings

Instrument: Regulation (EU) No 2016/1104 of the Council of 24 June 2016
Purpose: Enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships

Instrument: The Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters of 30 October 2007 (Lugano Convention)
Purpose: Facilitates the mutual recognition and enforcement of judgments handed down by the national courts of EU member states and other contracting states

Instrument: The Treaty on the Recognition and Enforcement of Judgments and Public Deeds in Civil and Commercial Matters of 23 June 1977 between Austria and Tunisia
Purpose: Jurisdiction and recognition and enforcement of judgments

Instrument: The Convention on the Recognition and Enforcement of Judgments, Arbitral Awards, Settlements and Public Deeds of 5 July 1973 between Austria and Liechtenstein
Purpose: Jurisdiction and recognition and enforcement of judgments

Instrument: The Convention on the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters of 6 June 1966 between Austria and Israel
Purpose: Jurisdiction and recognition and enforcement of judgments

B. Domestic level

On the domestic level the recognition and enforcement of foreign judgments are governed by:

• the Code of Civil Procedure;

• the Enforcement Act;

• the Jurisdiction Act;

• the Insolvency Code; and

• the Non-contentious Proceedings Act.

The Enforcement Act outlines the general framework for the recognition and enforcement of foreign court decisions in Sections 403 and following, while other laws set out specific provisions regarding the recognition of foreign judgments in particular areas.

Section 614 of the Code of Civil Procedure provides for the recognition of foreign arbitral awards; while Section 109(b) of the Jurisdiction Act covers the enforceability of foreign judgments related to:

• child custody;

• personal contact; and

• adult protection.

Meanwhile, Section 240 of the Insolvency Code outlines the conditions for recognition of decisions made in insolvency procedures in other states. Lastly, the Non-contentious Proceedings Act governs the recognition and enforcement of foreign decisions in the following areas:

• adoption (Sections 91a to 91d);

• matrimonial matters (including validity, persistence and dissolution of marriage) (Sections 97 to 100);

• parental custody and access rights (Sections 112 to 116); and 

• the protection of vulnerable adults and their property (Sections 131a to 131g).

What, if any, reservations has your jurisdiction made to such treaties?

Austria has made no relevant reservations to the international instruments applicable to the recognition and enforcement of foreign judgments.

Can foreign judgments be enforced in your jurisdiction where there is not a convention or treaty or other arrangement, e.g. under the general law?

Enforcement remains available under Austrian domestic law where no applicable treaty or other international instrument governs. Sections 403 et seq. of the Enforcement Act provide a general framework for the recognition and enforcement of foreign court decisions independently of any specific international instrument.

What basic criteria does a foreign judgment have to satisfy before it can be enforced in your jurisdiction? Is it limited to money judgments or does it extend to other forms of relief?

Section 403 of the Enforcement Act broadly states that foreign legal acts and/or deeds shall be enforced in Austria after being declared enforceable.

Section 406 sets out the general rule for the enforcement of foreign deeds and instruments. According to this general rule, a foreign executory title may be declared enforceable if the following conditions are met:

• The judgment is enforceable in the state in which it has been issued; and

• Reciprocity is guaranteed by international treaties or domestic regulations

There are also additional requirements to be met, as set out in Section 407:

• The foreign authority which issued the judgment had jurisdiction under standards comparable to Austrian law;

• The foreign authority which issued the judgment had jurisdiction under standards comparable to Austrian law;The person against which enforcement is sought was properly served with notice of the proceedings; and

• The judgment is no longer subject to a legal process that prevents enforceability under the applicable law.

That said, the scope of application of Section 407 is different from that of Section 406, as it is applicable only to:

• judgments;

• settlements; and

• public deeds.

That said, the scope of application of Section 407 is different from that of Section 406, as it is applicable only to:

• The defendant was unable to participate in the foreign proceedings due to a procedural irregularity (Austrian Supreme Court Decision 3 Ob 123/12b, 19 September 2012);

• Enforcement would compel an act that is either unlawful or unenforceable under Austrian law; or

• Recognition or enforcement would involve a legal relationship or claim that is invalid or non-actionable in Austria for reasons of public policy or morality.

The Austrian courts will examine the requirements set out in Sections 406 and 407 ex officio; whereas the grounds for refusal under Section 408 are generally reviewed upon invocation by the opposing party.

What is the procedure for enforcement of foreign judgments pursuant to such conventions, treaties or arrangements in your jurisdiction?

A. Brussels Ia Regulation

Under Brussels Ia (Regulation (EU) No 1215/2012), exequatur has been abolished. The creditor applies directly to the competent Austrian enforcement court and submits:

• the original judgment or a certified copy;

• evidence of its finality and enforceability in the state of origin; and

• a certified translation, where required.

The court examines the mandatory requirements under Sections 406-407 of the Enforcement Act ex officio. The debtor may challenge enforcement on the grounds set out in Section 408 of the Enforcement Act.

If applicable, what is the procedure for enforcement of foreign judgments under the general law in your jurisdiction?

If the foreign court judgment to be enforced originated from a non-EU country and thus is not directly recognised in Austria, the process for recognition and enforcement involves the following phases:

• The party seeking enforcement must submit an application for a declaration of enforceability to the court of the debtor’s residence. This application may be combined with the motion for enforcement, in which case the court will decide on both applications simultaneously.

• The court will decide on the application for a declaration of enforceability without: a prior oral hearing, or the opposing party’s involvement, and if the documents are in order, the court grants the enforcement order;

• The judgment becomes enforceable once the declaration of enforceability becomes effective. From this point onward, the same rules that apply to the enforcement of Austrian judgments will apply to the enforcement of the foreign judgment, which means that it will be subject to the Enforcement Act. Either party may appeal the district court’s order.

Notably, as mentioned in Decision 3 Ob 18/12m (18 April 2012) of the Supreme Court, the procedure for examining the enforceability of a foreign enforcement title within Austria is not part of the enforcement procedure, but rather a sui generis procedure modelled on the enforcement procedure, which complements the foreign judgment procedure (title procedure).

Enforcement of a foreign judgment is possible only after obtaining a declaration of enforceability from the court. The foreign judgment becomes enforceable once the declaration of enforceability becomes effective. However, it is possible to file the application for a declaration of enforceability and a motion for enforcement at the same time, according to Section 412 of the Enforcement Act.

Nevertheless, foreign judgments issued in EU countries are subject to the Brussels regulations, which contain rules intended to eliminate the requirement of exequatur. According to these regulations, a judgment rendered by an EU state does not require a separate declaration of enforceability in order to be enforced in a different member state. In other words, a judgment is enforceable in other member states if it is enforceable in the member state in which it was issued. To enforce the judgment in another member state, only the following are needed: a copy of the judgment; and a special certificate issued by the competent court stating that the judgment is enforceable.

What, if any, formal requirements do the courts of your jurisdiction impose upon foreign judgments before they can be enforced? For example, must the judgment be apostilled? 

Yes, Austrian courts impose formal requirements on foreign judgments before enforcement, and apostille or legalisation is generally part of that, though whether it is actually required depends on the judgment’s country of origin. The applicant must present either:

• the original version of the foreign judgment or

• an official copy issued by the court of origin,

• where necessary accompanied by a certified translation of the judgment in its entirety, prepared by an Austrian certified court translator.

Under Section 293(2) of the Code of Civil Procedure, the recognition of foreign public documents, including judgments, is governed by the law of the state of origin and requires reciprocity and the prescribed authentication. Unlike Austrian public documents, foreign documents are not subject to the statutory presumption of authenticity and generally require authentication under Section 311 of the Code of Civil Procedure. The Supreme Court confirmed this approach in the decision 5 Ob 96/15a, 19 June 2015, holding that the absence of a required apostille prevented the authenticity of the foreign document from being established.

The applicable authentication requirement depends on the state of origin. No apostille or legalisation is generally required for documents from EU/EEA states, Switzerland or states covered by a bilateral exemption treaty with Austria. For states party to the 1961 Hague Apostille Convention, an apostille replaces full diplomatic legalisation. For states not covered by the Convention or a bilateral exemption, full diplomatic legalisation is required.

For judgments falling within the Brussels Ia Regulation (EU) No 1215/2012, however, Articles 37 and 42-43 dispense with apostille and legalisation. The applicant need only provide the judgment together with the standard certificate issued by the court of origin. A translation of the certificate or judgment may nevertheless be requested where necessary under Article 43(2) and Article 57.

How long does it usually take to enforce or register a foreign judgment in your jurisdiction? Is there a summary procedure available?

The duration of the process for obtaining a declaration of enforceability in Austria may vary depending on the workload of the competent court. It takes approximately one to two months for a decision on recognition and enforcement to be rendered at first instance. This period may be extended by a maximum of six months if the decision is appealed.

Is it possible to obtain interim relief (e.g. an injunction to restrain disposal of assets) while the enforcement or registration procedure takes place?

Yes, the applicant can seek injunctive relief while the enforcement process is ongoing

Has your country ratified the Hague Judgments Convention 2019, and if so when did it (or will it) come into force? If not, do you expect it to in the foreseeable future?

Austria is bound by the 2019 Hague Judgments Convention as a result of its approval by the European Union on behalf of its Member States pursuant to Council Decision (EU) 2022/1206. The Convention entered into force for Austria on 1 September 2023.