Update on recent Supreme Court decisions in Austria
01 January 2019 amendments to AEA entered into force. These amendments now grant access to data about pending enforcement proceedings. Attorneys and notaries public may access information about the enforcement court, the case number and the amount of the debt subject to the enforcement proceedings. The database is available online and it seeks to assist potential claimants in evaluating the creditworthiness of their prospective respondents before commencing court or arbitral proceedings.
Another recent development is the Austrian Supreme Court decision handed down on 11 June 2018, confirming that the res judicata effect of a foreign judgment applies at all stages of proceedings conducted in Austria. This is particularly important as the decision clarifies that the effect of res judicata also applies to pending appellate proceedings. The Austrian Supreme Court emphasised that this is true with respect to both issues of the res judicata effect, namely the exclusiveness (ne bis in idem) and the binding effect (Bindungswirkung) of foreign judgments. Furthermore, the Austrian Supreme Court clarified that the interdiction of novation in appellate proceedings applies only to new facts and new evidence and, therefore, does not preclude the appellate court from considering the res judicata effect of a new foreign decision.
Author: Neva Cirkveni
Contributing Advisors
