LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
compensate for all damage resulting from late pay- ment. 9.4 Enforcement Mechanisms of a Domestic Judgment After a judgment is final, the judgment creditor can seek enforcement in accordance with the Liechten- stein Enforcement Act ( Exekutionsordnung ), which lays out different rules for enforcing monetary judg- ments as well as judgments for acts or omissions. In the case of a monetary judgment, different rules apply depending on the asset against which the judgment shall be enforced (ie, movable or immov- able property). A monetary judgment can be enforced against immovable property by means of forced cre- ation of a lien, forced administration or foreclosure. Monetary judgments can also be enforced against all kinds of moveable property and rights held by the judgment debtor (eg, IP rights, receivables). Judgments for acts and omissions are enforced by means of eviction, substituted performance or fines and even imprisonment. 9.5 Enforcement of a Judgment From a Foreign Country There are no bilateral or multilateral agreements between Liechtenstein and other countries regarding the mutual acknowledgement and enforcement of for- eign judgments, with the exception of bilateral trea- ties with the Republic of Austria and Switzerland and the Hague Convention on Child Support. Therefore, judgments of foreign courts (other than Austrian and Swiss judgments and child support judgments) are not directly enforceable in Liechtenstein.
judgments of foreign courts (other than Austrian and Swiss judgments and child support judgments) are not directly enforceable in Liechtenstein. 10.2 Rules Concerning Appeals of Judgments As a general rule, decisions of the District Court can be appealed to the Court of Appeal, and decisions of the Court of Appeal can be appealed to the Supreme Court. 10.3 Procedure for Taking an Appeal An appeal against a judgment has to be filed with- in four weeks upon service of the judgment on the appealing party. An appeal against an order must be filed within 14 days (or four weeks in non-contentious proceedings) upon service of the order on the appeal- ing party. The opponent party may submit a statement of response within the same timeframes. The dead- lines are not extendable. 10.4 Issues Considered by the Appeal Court at an Appeal A decision of the District Court can be appealed on procedural grounds, errors in the application of sub- stantive law, errors of fact, a contradiction between a factual finding and the court files, or nullity. In appeal proceedings before the Court of Appeal, new facts and evidence can only be introduced in the statement of appeal and only if the court concludes that the new facts or evidence were not introduced in the first instance proceedings out of gross negligence. The respective standard applied by the Court of Appeal is very strict. In practice, new facts or evidence are almost never considered permissible by the Court of Appeal. In appellate proceedings before the Court of Appeal, evidence can be re-taken. In practice, this rarely hap- pens. The Court of Appeal can either dismiss the appeal and confirm the appealed decision, grant the appeal and either change the appealed decision on the merits, or remand it back to the District Court. The Supreme Court is bound by the facts established by the lower courts. Thus, a decision of the Court of Appeal can only be appealed on procedural grounds, on substantive law errors, or on a conflict between a factual finding and the court files or if the decision is
10. Appeal 10.1 Levels of Appeal or Review to a Litigation
There are no bilateral or multilateral agreements between Liechtenstein and other countries regarding the mutual acknowledgement and enforcement of for- eign judgments, with the exception of bilateral trea- ties with the Republic of Austria and Switzerland and the Hague Convention on Child Support. Therefore,
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