Declarations

Articles: 23,26,52,54

Declarations:

Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgment given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Austria by application of the relevant internal rules of Community law.

The Republic of Austria makes a reservation in accordance with Article 54 paragraph 2 and Article 60 paragraph 1, objecting the use of the French language.

The Republic of Austria declares according to Article 52 paragraph 1 that the provisions of this Convention on applicable law shall prevail over the provisions of the Agreement between the Republic of Austria and the People's Republic of Poland on Mutual Legal Relations in Civil Matters and on Documents with final protocol and additional protocol.

The Republic of Austria informs in accordance with Article 45 paragraph 1 and Article 44 that a query in accordance with Article 33 shall be sent to the Central Authority.

27-09-2017

The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children adopted on 19 October 1996. It welcomes the ratification of the Convention by Turkey as a significant step in enhancing the protection of children. However, as a member state of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member state, the Republic of Cyprus, as a defunct entity.

09-03-2018

Austria takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the Civil Aspects of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) to the "Autonomous Republic of Crimea" and the city of Sevastopol and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.

In relation to the Declarations made by the Russian Federation, Austria declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the "Autonomous Republic of Crimea" and the city of Sevastopol to the Russian Federation.

As regards the territorial scope of the above Conventions, Austria therefore considers that the Conventions in principle continue to apply to the "Autonomous Republic of Crimea" and the city of Sevastopol as part of the territory of Ukraine.

Austria further notes the Declarations by Ukraine that the "Autonomous Republic of Crimea" and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kiev will determine the procedure for relevant communication. As a consequence of the above, Austria declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine in Kiev for the purposes of the application and implementation of the conventions.