Litigation in Austria: A Practical Guide for Businesses and Individuals

Litigation in Austria can seem complex, especially for international clients. Whether you are a business enforcing a contract, or an individual involved in a dispute, understanding the Austrian legal system helps you make informed choices. At our firm, we guide clients through the litigation process with clarity, efficiency, and a results-oriented approach.

The Austrian Court System

Austria’s court system has three main levels:

1. District Courts (Bezirksgerichte) – Handle lower-value cases (up to EUR 15,000) and certain specific disputes like tenancy and family law matters.
2. High Courts (Landesgerichte) – Handle higher-value civil and commercial cases.
3. Higher Regional Courts (Oberlandesgerichte) – Handle appeals from lower courts.
4. Supreme Court (Oberster Gerichtshof) – The highest court for civil and criminal matters, deciding on legal questions of fundamental importance.

Key Stages of Litigation

Litigation in Austria typically involves the following stages:

• Filing the claim (Klage): The process begins with submitting a statement of claim to the competent court, outlining the facts, legal basis, and relief sought.
• Payment Order (Bedingter Zahlungsbefehl): In certain cases, particularly monetary claims, the court may issue a payment order automatically upon receiving the claim. This is a conditional payment order that instructs the defendant to pay the claimed amount within 14 days or object within 4 weeks. If no objection is filed, the order becomes enforceable like a final judgment. If the defendant objects, the case proceeds as a regular civil proceeding.
• Defence and preparatory hearing: The defendant can file a statement of defence within a set deadline. The court may hold a preparatory hearing to discuss the issues and organise the case.
• Main hearing and evidence: The court hears witness testimony, examines evidence, and may appoint experts.
• Judgment: The court issues a written decision, which can be appealed within four weeks.

Costs and Duration

Litigation costs in Austria include:

• Court fees (set by a statutory fee schedule, depending on the value of the claim)
• Lawyer’s fees (regulated but often vary depending on complexity)
• Expert and translation fees, if necessary

The loser pays principle applies: the losing party must cover the legal costs of both sides, as well as the court fees.

The duration of litigation varies. Straightforward cases (especially those resolved through a payment order without objection) may conclude within a few months, while complex cases involving appeals can take several years.

Enforcement of Judgments

Final and binding judgments are enforceable in Austria through Austrian bailiff services (Gerichtsvollzieher). Foreign judgments from EU member states are enforceable under the Brussels Regulation. Judgments from non-EU countries may require separate recognition procedures.

Why Choose Us for Litigation in Austria?

We provide clients with:

• Strategic advice tailored to Austrian law
• Clear explanations of your rights and options
• Skilled representation at every stage of litigation

Whether you are a business seeking to recover a debt, resolve a contractual dispute, or an individual involved in a legal matter, we are ready to support you with expertise, clarity, and commitment.