The most relevant Austrian law provisions for the Enforcement of UPC-decisions in Austria

obviously are in German. We have prepared (unofficial and therefore not binding) translations thereof, we would like to share with you.

They all are contained in the Act of 27 May 1896 on Execution and Security Proceedings (Execution Code – EO), as amended by Federal Law Gazette I No. 61/2022

Execution title

  • 1 EO

“The enforcement of monetary claims as well as of acts, tolerations or omissions by judicial execution requires an execution title. Execution titles within the meaning of the present law are the following acts and deeds established in Austria:

  1. Final judgments and other judgments and orders of the civil courts rendered in litigation, if further legal action against them is excluded or if a legal remedy suspending execution is not granted;


  1. final orders and decisions of the civil and criminal courts imposing fines or penalties on parties or their representatives;”.


Foreign execution titles

  • 2 EO

“(1) The acts and deeds referred to in section 1(1) to (10) and (12) to (15), which are established in Austria, shall, in respect of execution, be deemed equivalent to the similar acts and deeds of those authorities or public bodies which, although located abroad, are subject to a domestic authority.

(2) Acts and deeds referred to in section 1 shall also be deemed equivalent to acts and deeds which, although established abroad, are to be enforced without a separate declaration of enforceability on the basis of an international agreement or a legal act of the European Union.


Subject matter jurisdiction

  • 3 EO


“Unless otherwise provided by this Act, the district courts in civil matters (execution court) shall have jurisdiction to grant and perform execution on the basis of the execution titles specified in sections 1 and 2.”


Definiteness of the execution order – confirmation of enforceability

  • 7 EO

“(1) Execution may only be granted if the execution order – in the case of section 308a(5) in conjunction with a decision under section 292g – indicates, in addition to the person of the beneficiary and the obligated party, the object, type, scope and time of the performance or omission owed.

(2) Execution may not be granted before the due date of a claim and before the expiry of the time limit for performance specified in a judgment or in another execution order. If the due date or the end of the period for performance is not specified in the execution order either by stating a calendar day or by stating a starting point of the period that is fixed in terms of the calendar, or if the enforceability of the claim is made dependent in the execution order on the occurrence of a fact to be proved on the part of the entitled party, namely on a previous performance by the entitled party, the occurrence of the facts that are decisive for the due date or enforceability according to this must be proved by means of public or publicly certified documents.

(3) Any confirmation of enforceability granted unlawfully or in error shall be set aside by the court that granted it, either ex officio or by order on the application of one of the parties. The order shall be served on all parties.

(4) If the confirmation of enforceability for one of the execution titles listed in section 1(13) or in section 3(2) VVG has been granted unlawfully or erroneously, applications for revocation of the confirmation shall be filed with the authority from which the execution title originated.

(5) The application for setting aside the confirmation may be accompanied by an application for discontinuance (section 39(9)) or for deferment (section 42(2)); such applications, if not made to the execution court, shall be forwarded to it for disposal.”.


Objections to the claim – opposition action

  • 35 EO

“(1) Objections to the claim in favour of which execution has been granted may be raised in the course of the execution proceedings only insofar as they are based on facts which cancel or inhibit the claim and which occurred after the execution title on which these proceedings are based came into existence. If, however, this execution title consists of a court decision, the point in time shall be decisive up to which the obligated party was able to make effective use of the relevant facts in the preceding court proceedings.

(2) […]

(4) If the objections are granted with final effect, the execution shall be discontinued”.


Objections to the grant of execution – action for impugnation

  • 36 EO

(1) If the obligated party disputes:

  1. that the facts relevant for the maturity or enforceability of the claim (section 7 subs. 2) or the assumed legal succession (section 9) have occurred;
  2. […]
  3. if he/she claims that the creditor seeking enforcement has waived the initiation of enforcement at all or for a period that has not yet expired for the time being,

he shall assert his relevant objections by way of an action if they cannot be raised by way of an appeal against the execution order.


(2) […]

(3) If the objections are granted with final effect, the execution shall be discontinued”.


Third-party objection – Excessive interest action

  • 37 EO

“(1) An objection to the execution may also be raised by a third person if the latter claims a right to an object affected by the execution, to a part of such object or to individual objects of the accessories of a property subject to execution which would make the execution inadmissible.

(2) Such objection shall be asserted by means of an action; the action may be brought simultaneously against the creditor seeking enforcement and against the obligated party, who shall in this case be treated as joint litigants.

(3) […].

(4) If the action is finally granted, the execution shall be discontinued”.


Cessation, limitation and deferment of execution

  • 39 EO

“(1) Except for the cases mentioned in sections 35, 36 and 37, the execution shall be discontinued with simultaneous cancellation of all acts of execution executed up to that time:

  1. if the execution title on which it is based has been declared invalid, revoked or otherwise declared ineffective by a final decision;


  1. if the granted confirmation of enforceability has been rescinded with final effect;
  2. if the execution is not covered by an execution title or the latter lacks confirmation of enforceability;
  3. if the declaration of enforceability of a foreign execution title has been rescinded with final effect.”


Obtaining fungible acts

  • 353 EO

“(1) If the obligated party has to perform an act which may be performed by a third party, the court granting the execution shall, on application, authorize the petitioning creditor to have the act performed at the obligated party’s expense.

(2) The petitioning creditor may at the same time request that the obligated party be ordered to pay in advance the costs that will be incurred by the performance of the act. The order granting this application shall be enforceable against the assets of the obligated party.


Obtaining non-fungible acts

  • 354 EO

“(1) The claim to an act which cannot be performed by a third party and the performance of which at the same time depends exclusively on the will of the obligated party shall be enforced by the obligated party being required, on application by the execution court, to perform the act by means of fines or by imprisonment for a total period of up to six months.

(2) Execution shall begin with the threat of the penalty to be imposed in the event of default; only a fine may be threatened as the first penalty. After the fruitless expiry of the time limit granted in this order for the performance of the act, the threatened coercive measure shall be enforced at the request of the petitioning creditor and at the same time a more severe coercive measure shall be threatened with the setting of a new time limit for the performance owed. The enforcement of the latter shall only take place at the request of the petitioning creditor.


Obtaining acquiescence and forbearance

  • 355 EO

“(1) The execution against the person obliged to refrain from an act or to tolerate the performance of an act shall be effected by imposing a fine on application by the execution court on the occasion of the granting of the execution for each infringement after the execution title has become enforceable. For each further offence, the execution court shall, upon application, impose a further fine or imprisonment for a total period of up to one year. The amount of the fine or imprisonment shall be determined according to the nature and gravity of the offence, taking into account the economic capacity of the obligated party and the extent of the obligated party’s participation in the offence. An order imposing a fine or imprisonment shall also state the reasons for determining the amount of the penalty.

(2) At the request of the petitioning creditor, the obligated party may be ordered by the execution court to provide security for the damage caused by further infringement. The amount and type of security to be provided and the period for which it is to be liable shall be determined. The provisions of section 353(2) shall apply to the enforcement of this order.


Request for fines – Sentencing

  • 358 EO

(1) The petitioning creditor shall at the same time send the application for authorization of execution and any request for fines directly to the obligated party; this sending shall be noted on the piece of the pleading submitted to the court. In the event of incorrect information, the court shall impose a penalty of willfulness on the petitioning creditor, to be assessed with regard to the particular circumstances of the individual case.

(2) Unless there is imminent danger, the court shall, before imposing fines, give the obligated party the opportunity to make a statement on the grounds for the penalty, unless a statement on an essentially identical application is already notorious. The obligated party may object to the amount of a penalty if he/she has not already been heard before the decision is taken. Sections 397 et seq. shall apply mutatis mutandis to the objection.



  • 359 EO

“(1) The fine shall not exceed 100 000 euros per application.

(2) If the fine has been wrongfully imposed or if the application is withdrawn before the penalty decision becomes final, the amount received shall be repaid to the obligated party. At the request of the obligated party, the execution court shall decide on the obligation to repay by order.”



  • 360 EO

“(1) The imprisonment shall be executed by detention in a (public) place of detention designated for this purpose. This must be separate from the rooms used for the execution of sentences and for the detention of persons against whom pre-trial detention is imposed.

(2) The arrest shall be made by the executing body on the basis of an arrest warrant issued by the execution court, in which in particular the reason for the arrest shall be specified. The arrest warrant must be served on the obligated party at the time of arrest.”


Damages for wilfulness

  • 363 EO

If the imposition of a penalty is obtained wilfully by the petitioning creditor, he shall compensate the obligated party for all pecuniary disadvantages caused. § Section 63a (2) shall apply mutatis mutandis.”


Issuance of a declaration of intention

  • 367 EO

“(1) If, according to the content of the execution title, the obligated party has to make a declaration of intent, this declaration shall be deemed to have been made as soon as the judgment has become definitive or another execution title of the same content entitles the petitioning creditor to apply for an order granting execution.

(2) If the obligation to make the declaration of intent is dependent on consideration, the legal consequence referred to in subsection (1) shall only occur upon the provision of the consideration by the petitioning creditor.


Costs of execution

  • 369 EO

“(1) The granting of execution for the purpose of realising claims for the surrender or transfer of property, for acts or omissions, shall include the granting of execution for the benefit of the costs incurred by the petitioning creditor as a result of the execution proceedings.

(2) The petitioning creditor shall specify the assets of the obligated party to be used to cover the costs as well as the means of execution within the meaning of section 54 to be used for this purpose in the first application for an order to pay costs.

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