Recognition of Austrian Judgment Upheld Despite Service Objection Under Lugano Convention

The court upheld the declaration of enforceability of an Austrian judgment ordering payment, rejecting the objection that the judgment was not properly served, which the defendant claimed violated their right to be heard under the Lugano Convention (LugÜ). The court reasoned that the validity and timeliness of service, including substitute service upon a court-appointed curator, are governed by the law of the originating state (Austria), and Austrian law permits such service, which was deemed effective and timely. Furthermore, the court concluded that substitute service upon a curator under Austrian law does not violate the fundamental principles of Swiss procedural public policy (ordre public) as required for refusing recognition under LugÜ, nor can complaints regarding procedural errors or alleged constitutional/ECHR violations be considered outside the narrowly defined grounds for refusal under Article 27 of the LugÜ.