Appeal Deadline for Foreign Judgment Enforcement Based on Debtor's Actual Residence

The court determined the applicable deadline for an appeal against a decision enforcing a foreign judgment, which hinged on establishing the debtor's actual residence at the time the decision was issued to apply either the one-month or two-month period specified under Article 36 of the Lugano Convention (LugÜ). The court reasoned that despite conflicting declarations, the debtor’s repeated, documented assertions of residence in the jurisdiction where the enforcement decision was rendered (through a property purchase contract and commercial register entries) provided stronger indirect evidence of her habitual abode than unsubstantiated claims of residence abroad, thus invoking the one-month appeal period under Art. 36 LugÜ. Applying the calculation method of Article 31(2) of the Debt Enforcement and Bankruptcy Act (SchKG) by analogy, as the enforcement decision was received on September 5th, the one-month period expired on October 5th, rendering the appeal filed on October 6th untimely.