Reciprocal Enforcement of Foreign Judgments (Austria) Order 1962

JurisdictionUK Non-devolved
CitationSI 1962/1339
Year1962

1962 No. 1339

JUDGMENTS

The Reciprocal Enforcement of Foreign Judgments (Austria) Order 1962

27thJune 1962

14thJuly 1962

At the Court at Buckingham Palace, the 27th day of June 1962

Present,

The Queen's Most Excellent Majesty in Council

Whereas by Section 1 of the Foreign Judgments (Reciprocal Enforcement) Act 1933(a) Her Majesty, if She is satisfied that, in the event of the benefits conferred by Part I of the said Act being extended to judgments given in the superior courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement in that foreign country of judgments given in the superior courts of the United Kingdom, is empowered to direct by Order in Council that Part I of the said Act shall extend to that foreign country and that such courts of that foreign country as are specified in the Order shall be deemed to be superior courts of that country for the purposes of the said Part I;

And whereas by Section 3 of the said Act it is provided that Rules of Court made for the purposes of that Act shall have effect subject to any such provisions contained in Orders in Council made under Section 1 of the said Act as are declared by the said Orders to be necessary for giving effect to agreements made between Her Majesty and foreign countries in relation to matters with respect to which there is power to make rules for the purposes of that Act;

And whereas a Convention, a copy whereof is set out in the Schedule to this Order, relating to the Reciprocal Recognition and Enforcement of Judgments, signed at Vienna on 14th July 1961, has been ratified by Her Majesty and the Federal President of the Republic of Austria;

And whereas Her Majesty is satisfied that, in the event of Part I of the said Act being extended to judgments given in the superior courts of the Republic of Austria, substantial reciprocity of treatment will, under the terms of the said Convention, be assured as respects the enforcement in the Republic of Austria of judgments given in the superior courts of the United Kingdom; and is accordingly minded to direct that Part I of the said Act shall extend to the Republic of Austria;

And whereas it is expedient to specify the Courts in the Republic of Austria which are, for the purposes of that Act, to be deemed to be superior courts, and necessary in order to give effect to the said Conven-

(a) 23 & 24 Geo. 5.c. 13.

tion, to make certain provisions in relation to matters with respect to which there is power to make Rules of Court for the purposes of the said Act:

Now, therefore, Her Majesty, by virtue and in exercise of Her powers under the said Act, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1. Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall extend to the Republic of Austria.

2. The following courts of the Republic of Austria shall be deemed superior courts of the Republic of Austria for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 that is to say:—

The Landesgerichte;

The Kreisgerichte;

The Handelsgerichte;

The Oberlandesgerichte;

The Oberste Gerichtshof.

3. No security for costs shall be required to be given by any person making application for the registration of a judgment of a superior court of the Republic of Austria.

4. A judgment of a superior court in the Republic of Austria shall be deemed to be capable of execution in the Republic of Austria if a certificate issued by an officer of the original court and endorsed on a certified copy of the judgment is produced to that effect, but not otherwise.

5. The rate of interest due under the law of the Republic of Austria upon the sum in respect of which a judgment of a superior court of the Republic of Austria is given shall be deemed to be that specified in the judgment or any 'certificate of the original court accompanying the judgment and, if no rate is so specified, no interest shall be deemed to be due thereon under the law of the Republic of Austria.

6. A translation of the judgment of a superior court of the Republic of Austria or of any other document accompanying an application for registration of such a judgment shall, if certified by a sworn translator or by a diplomatic or consular officer of either the United Kingdom or the Republic of Austria, be accepted without further authentication.

7. This Order may be cited as the Reciprocal Enforcement of Foreign Judgments (Austria) Order 1962 and shall come into operation on 14th July 1962.

W. G. Agnew.

SCHEDULE

CONVENTION BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE REPUBLIC OF AUSTRIA PROVIDING FOR THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND OF HER OTHER REALMS AND TERRITORIES, HEAD OF THE COMMONWEALTH (HEREINAFTER REFERRED TO AS "HER BRITANNIC MAJESTY") AND THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA;

Desiring to provide on the basis of reciprocity for the recognition and enforcement of judgments in civil and commercial matters;

Having appointed for that purpose as their Plenipotentiaries:

Her Britannic Majesty

For the United Kingdom of Great Britain and Northern Ireland:

The Right Honourable Edward Richard George Heath, M.B.E., M.P., Lord Privy Seal,

The Federal President of the Republic of Austria

For the Republic of Austria:

Herrn Dr. Bruno Kreisky, Federal Minister for Foreign Affairs;

Herrn Dr. Christian Broda, Federal Minister for Justice,

Who, having communicated to each other their Full Powers, found in good and due form, have agreed as follows:

General

ARTICLE I

For the purposes of the present Convention:

(1) The words "territory of one High Contracting Party" and the words "territory of the other High Contracting Party" shall mean either:

(a) the United Kingdom (England and Wales, Scotland and Northern Ireland) and any territories to which the Convention shall have been extended under Article XIII or,

(b) the Republic of Austria.

(2) The words "superior court" mean:

(a) in the case of the United Kingdom, the House of Lords; for England and Wales, the Supreme Court of Judicature (Court of Appeal and High Court of Justice) and .the Courts of Chancery of the Counties Palatine of Lancaster and of Durham; for Scotland, the Court of Session and the Sheriff Court; and for Northern Ireland, the Supreme Court of Judicature; and

(b) in the case of the Republic of Austria, the Landesgerdchte, the Kreisgerichte, .the Handelsgerichte, (the Oberlandesgerichte and the Oberste Gerichtshof.

All other courts in these territories shall be deemed to be "inferior courts" for the purposes of the present Convention.

(3) The words "original court" mean in relation to any judgment the court by which the judgment was given; and the words "court...

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