2017/6/1 - 20 Cdo 776/2017 (summary)

Decision of the Supreme Court of 1 June 2017, Ref. No. 20 Cdo 776/2017

(Enforcement of a decision of a foreign court, declaration of enforceability)



Applicant applied for a declaration of enforceability of a decision of the Austrian court. This decision ordered enforcement of a pecuniary claim in Austria on the basis of enforceable judgments of the Princely Court in Vaduz, the Principality of Liechtenstein. These had been declared enforceable in the Republic of Austria under a bilateral international treaty concluded between the Republic of Austria and the Principality of Liechtenstein. However, there is no such international treaty concluded between the Czech Republic and the Principality of Liechtenstein. The court of the first instance declared the decision of the Austrian court enforceable in the Czech Republic as all the formalities provided by the Council Regulation (EC) No. 44/2001 of 22. December 2000 had been met. Since this decision was upheld by the appellate court, the obligor appealed to the Supreme Court.

The Supreme Court has dealt with the question of whether a decision of another Member State ordering the enforcement of a claim on the basis of enforceable judgement of a non-EU Member State court can be declared enforceable in the Czech Republic. The Supreme Court stated that the declaration of enforceability is limited to the State in which it was issued. If a person intends to enforce a decision in several Member States of the European Union, he must apply for a declaration of enforceability in each of them separately. Similarly, the enforcement itself must be carried out only within the State which has issued such declaration of enforceability. The Supreme Court therefore concluded that the decision ordering the enforcement of a claim in another Member State on the basis of enforceable judgement of non-EU Member State court cannot be declared enforceable in the Czech Republic.