Garnishee Proceedings against Occupant (Austria) Case

JurisdictionAustria
CourtCourt of Appeal of Vienna (Austria)
Docket NumberCase No. 44
Austria, District Court of Appeal of Vienna.
Case No. 44
Garnishee Proceedings Against Occupant (Austria) Case.

Jurisdiction — Exemptions from — Immunity of Foreign States Case from Execution — Judgment against Employee of Occupying Power — Whether Municipal Court Entitled to Serve Garnishee Order on Occupying Power.

The Facts.—The appellant-creditor had obtained judgment for payment of a sum of money against a debtor who was employed by the United States Air Force in Austria. The creditor's application for service of a garnishee order on the United States Air Force, in order that the latter might pay to him, the creditor, such salary as might become due to the debtor, was refused by the Court of first instance on the ground that the United States Air Force was immune from the jurisdiction of the Austrian Courts.

Held: that the refusal of the Court of first instance to grant the creditor's application for service of a garnishee order on the United States Air Force must be upheld. The Court said:

“The execution creditor contends that the intended execution of the judgment is not directed against the United States as Occupying Power, but against a judgment debtor in Austria, and that there is therefore no justification for the refusal to permit the execution for which application has been made. As this Court has previously pointed out in its judgments, and in agreement with the majority of judgments of other Courts, a foreign State is not subject to the jurisdiction of the Austrian Courts in proceedings for execution, not even where the execution is not directed immediately against it. A garnishee order in respect of a claim for the payment of money consists in the issue of an order against the garnishee prohibiting payment by the latter. Case-law...

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