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Is it possible after BREXIT to have a judgement for payment rendered by a UK court recognised and enforced in Austria?

Yes. Pursuant to the bilateral treaty between UK and Austria, which is in force since 1962, certain judgements in civil and commercial matters given by a “superior court” (for definition see further below) in Austria or the UK shall be recognised and enforced in the territory of the respective other State in accordance with the conditions of that treaty.

Previously, when the UK was a member of the EU, the recognition and enforcement of a judgement rendered by an UK Court in civil and commercial matters was subject to the Regulation (EU) No 1215/2012 (“Brussel I Regulation”). According to the Brussel I Regulation it is a general rule that a judgement rendered in an EU Member State shall be recognised in any other EU Member State without any special procedure being required (Art 36 (1)).

Post Brexit, the application of the Brussel I Regulation for UK judgements is now limited. The UK judgement for which recognition is sought must have been rendered in proceedings that were instituted in the UK before the 31 December 2020, i.e. before the end of the transition period pursuant to Art 67(2.)(a) in conjunction with Art 126 of the agreement on the withdrawal of the UK from the European Union (“Withdrawal Agreement”, C 384 I/1).

Regarding judgements rendered in court proceedings in the UK that were instigated on 1 January 2021 or later, the bilateral treaty between Austria and the UK (on reciprocal recognition and enforcement of judgements in civil and commercial matters) applies, which entered into force in 1962 (BGBl. 224/1962). Pursuant to Art II of this treaty that is still in force today and was last amended in 1999 to retroactively exclude the territory of Hongkong from its scope of application as of 1 July 1997, judgements in civil and commercial matters given by a “superior court” in the UK or Austria shall be recognised and enforced in the territory of the relevant other State. A “superior court” is defined by the treaty as to mean for the UK inter alia the “Supreme Court of Judicature (Court of Appeal and High Court of Justice)”.  The Austrian Supreme Court clarified that the High Court of Justice constitutes a ‘superior court’ within the meaning of the treaty (OGH 8 Ob 580/93).

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