Facts
By judgment of December 27, 1993, the Commercial Court of Vienna ordered D. AG and [A.] to jointly and severally pay Bank B.C. ATS 3,600,000 plus interest at 10.75% since March 28, 1991, and ATS 269,789.84 in court costs. By judgment of June 9, 1994, the Higher Regional Court of Vienna dismissed the appeal filed against this and ordered [A.] to reimburse Bank B.C. for the appeal costs of ATS 84,315.28.
Based on these Austrian judgments, Bank B.B. initiated debt enforcement proceedings No. xxx against [A.] with the debt collection office U. on April 29, 2014. By decision of October 9, 2013, the District Court of Werdenberg-Sarganserland granted Bank B.B. definitive debt enforcement in partial allowance of its application. By decision of April 30, 2014, the Cantonal Court of St. Gallen granted the creditor definitive debt enforcement in partial allowance of A.'s appeal.
Considerations
The Federal Supreme Court held that the photocopies of the Austrian judgments can be considered as copies within the meaning of the Enforcement Treaty between Switzerland and Austria of 1960. Accordingly, the submission of the originals was not required, as the appellant had not disputed the authenticity of the judgments.
Furthermore, the Federal Supreme Court found that the claims of Bank B.C. had been transferred to Bank B.B. within the framework of a universal…