Austria / Regional Court Salzburg / 53 R 426/11w (a) GREP GmbH (an Austrian limited liability company) (b) Free State of Bavaria (Freistaat Bayern)

Key facts of the case:

On 30 August 2011, the Regional Court Munich I decided on an attachment of GREP’s assets (Arrest in das Vermögen) in the amount of EUR 16,294,003. The District Court (Bezirksgericht) Salzburg declared this decision enforceable on 3 October 2011. GREP filed a request for the granting of legal aid with the District Court Salzburg for appealing against this decision as its entire assets were seized. The District Court Salzburg dismissed the request on 9 November 2011 with the argument that legal aid could not be granted to legal entities. GREP appealed against this decision to the Regional Court Salzburg.

Paragraphs referring to EU Charter: 


1. Is Article 51 para 1 sentence 1 of the Charter of Fundamental Rights to be interpreted to include proceedings for the declaration of enforceability [Vollstreckbarkeitsbestätigung] in pursuant to Article 38 et sseq. of the Bruxelles I-Directive of a judgment rendered in a member state?

2.a) If yes, does the principle of an effective remedy before a tribunal contained in Article 47 of the Charter include a right to the exemption from court fees, in particular the fees for the filing of appeals and/or fees for a lawyer in a proceeding as referred to under question 1 above?

2.b) Is this also the case for enforcement proceedings [Exekutionsverfahren] pursuant to domestic law, or at least for appellate proceedings regarding the authorisation of enforcement [Exekutionsbewilligung] proceedings if the court decides on the declaration of enforceability and the authorisation of enforcement proceedings at the same time?

Deciding body (original language): 
Landesgericht Salzburg