Abstract
This paper adds to the discussion about the recognition of foreign non-possessory security rights in Austria. The said discussion was triggered by the decision of the Austrian Supreme Court in Civil and Commercial Matters, 3 Ob 249/18s, having, presumably, a negative impact on insolvency estates/unsecured SME-creditors. The present author opposes the idea that overriding mandatory rules should neutralize the decision and require parties to physically hand over collateral before crossing the Austrian border. Austrian conflict law needs to follow the internal market rules and address fraudulent evasion in a more nuanced way, e.g., based on the principle of the strongest connection.
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