Request for a preliminary ruling from the ECJ

Nov 21, 2025 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has submitted the following question to the European Court of Justice for a preliminary ruling:

Does a payment order from a Swiss debt enforcement office under Article 69 of the Federal Act on Debt Enforcement and Bankruptcy, issued for ‘title-less debt enforcement’, qualify as a court decision under Article 32 of LGVÜ 2007?

Lawyers in Switzerland can recover their fees by getting a payment order from the Swiss debt enforcement and bankruptcy office. If the debtor neither pays nor objects legally, the creditor may request that the enforcement process move forward.

In earlier proceedings, the Austrian court of first instance rendered the payment order enforceable on the grounds that no legal objection had been submitted. The appellate court dismissed the subsequent appeal, citing the absence of a substantial legal issue. The debtor’s appeal on points of law contended that a court order does not constitute a ‘decision’ within the meaning of Article 32 of the Lugano Convention.

Because the debt enforcement and bankruptcy office are not empowered to assess the substantive validity of a claim, creditors must file a lawsuit in court if the debtor lodges a legal objection to the payment order. Therefore, this process is generally not regarded as a court decision.

OGH 3 Ob 95/25d (28 October 2025)