Kernrechtsfrage
Whether the Austrian judgments were enforceable under the Lugano Convention transitional rules despite an earlier treaty on recognition and enforcement with Austria.
Extrahierter Entscheid
Yes. Under Art. 54(2) LugÜ, the earlier bilateral treaty on jurisdiction remained alternatively applicable, even if its rules differed from the Lugano Convention.
Extrahierte Begründung
Because the action had been filed before the Lugano Convention entered into force in both states but judgment was rendered later, the transitional rule applied. That rule allows jurisdiction to be tested also against a treaty in force when the action was brought.