FINDING COMPETENT COURTS
The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.
Article 64(1) (a) - the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 44(1) and with appeals against decisions on such applications in accordance with Article 49(2)
The courts with jurisdiction to deal with applications for a declaration of enforceability under Article 44(1) of the Regulation are the Enforcement Court (Exekutionsgericht) or District Court (Bezirksgericht) where the defendant is domiciled.
The court with jurisdiction to deal with appeals against decisions on applications for a declaration of enforceability is the higher Regional Court (Landesgericht); however, the appeal must be lodged with the court of first instance that issued the decision.
Article 64(1) (b) - the procedures to contest the decision given on appeal referred to in Article 50
Appeals against points of law (Revisionsrekurs) are made to the Supreme Court (Oberster Gerichtshof) but must be lodged with the court of first instance.
Article 65 (1) - the list of the other authorities and legal professionals referred to in Article 3(2)
In Austria, there are no other authorities or legal professionals with competence within the meaning of Article 3(2) in matters of matrimonial property regimes.
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