Facts
The X. Trading Company Ltd. in bankruptcy initiated debt enforcement proceedings against Y. based on a judgment of the Higher Regional Court of Vienna dated October 31, 2000. Upon objection by the debtor, the X. Trading Company Ltd. in bankruptcy filed an application with the District Court of Baden to recognize and declare enforceable the Austrian judgment between the parties, and to grant definitive relief from the debt enforcement proceedings.
The High Court of the Canton of Aargau overturned the first instance decision and dismissed the request for definitive relief from debt enforcement. The X. Trading Company Ltd. in bankruptcy filed a constitutional appeal with the Federal Supreme Court against this decision.
Considerations
The Federal Supreme Court dismisses the constitutional appeal. It considers the Austrian judgment on the Paulian avoidance action as not falling under the Lugano Convention, as such avoidance actions are based on debt enforcement and bankruptcy law and would not be initiated without such proceedings.
The Treaty between Switzerland and Austria on the Recognition and Enforcement of Judicial Decisions is also not applicable to the present judgment, as according to Art. 9 of this Treaty,…