AUSTRIA Law and Practice Contributed by: Farid Sigari-Majd and Mathias Lehner, Freshfields
3.4.4 Recognition and Enforcement of Foreign Judgments and Arbitral Awards Austrian courts would enforce foreign judgments from other EU member states and certain other countries (including the UK) without re-examining the merits on the basis and subject to the limitations of applicable EU law or international treaties (see 2.6.5 Domestic Courts’ Approach to Foreign Laws and Judgments and 2.6.6 Domestic Courts’ Recognition of Foreign Judgments/Awards ). Arbitral awards may be enforced on the basis of the New York Convention (see 2.6.12 Enforcement of Foreign Arbitral Decisions ). 3.4.5 Secured Parties’ Right to Take Possession of Aircraft A secured party may not normally take possession of an aircraft without the consent of the operator (see 2.6.2 Lessor Taking Possession of the Aircraft ), and any unlawful attempt to take control could result in a claim for trespass ( Besitzstörungsklage ) against the secured party. 3.4.6 Domestic Courts Competent to Decide on Enforcement Actions The district court ( Bezirksgericht ) of the place where a tangible asset is located when enforcement begins would be competent for enforcement action against an aircraft. It should be noted that market standard pledge agreements frequently allow for out-of-court enforcement by way of private sale or public auction following an appraisal of the asset. 3.4.7 Summary Judgments or Other Relief Summary judgments are available for monetary claims up to EUR75,000 (or without a limit in the case of claims relating to a bill of exchange or certain cross- border claims under EU law). Injunctions may be avail - able as a standalone instrument or as a preliminary measure (see 2.6.4 Summary Judgment or Other Relief ).
3.4.8 Judgments in Foreign Currencies Austrian courts may give judgment in a currency other than euros (see 2.6.7 Judgments in Foreign Curren- cies ). 3.4.9 Taxes/Fees Payable A secured party is required to pay court fees upfront when enforcing a security agreement in Austrian legal proceedings. Court filing fees depend on the sum in dispute and might amount to a nominal amount. 3.4.10 Other Relevant Issues There is no applicable information in this jurisdiction. 4. Other Issues of Note 4.1 Issues Relevant to Domestic Purchase, Sale, Lease or Debt Finance of Aircraft The factual, legal and tax background of each pur - chase, sale, lease or debt financing of an aircraft reg - istered in Austria and/or involving an Austrian party needs to be assessed on a case-by-case basis to be
able to render conclusive legal advice. 4.2 Current Legislative Proposals
As of 9 June 2025, there is no proposed Austrian legis - lation specifically addressing the purchase, sale, lease or debt financing of an aircraft registered in Austria and/or involving an Austrian party.
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