Enforcement in Austria

Enforcement in Austria
Costs and Fees

Enforcement in Austria

Our law firm was established in 1953 and is admitted in Austria and Germany. Therefore, our lawyers are particularly well-suited as “translators” for German clients and lawyers.

Austria is small. With six locations in the federal capital and the most important state capitals, we have a direct presence at the most frequently visited courts and authorities. All other courts and authorities can be reached within half an hour to a maximum of two hours.

We are therefore always the right contact person for your concerns.

Sebastian Riedlmair
Harlander & Partner Attorneys „Wir verfügen über große Erfahrung mit der Exekution ausländischer Titel in Österreich.“

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Enforcement Titles

The compulsory enforcement is referred to as execution in Austria and is governed by the Austrian Enforcement Code.

For the execution of enforcement, an enforcement title is required. The EO recognizes as enforcement titles court judgments, decisions and rulings by administrative authorities, as well as certain notarial deeds and other titles listed in § 1 EO.

Foreign titles can also be enforced in Austria.

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Types of Enforcement

The EO provides for various types of enforcement for the collection of claims:

Enforcement for the Collection of Monetary Claims

Enforcement on Immovable Property
- Compulsory Establishment of a Lien
- Compulsory Administration
- Compulsory Auction of Real Estate
Enforcement on Movable Property
- Execution Against Movable Assets
- Execution Against Claims
- Execution Against Rights
- Execution Against Other Property Rights

Execution to Compel Actions and Omissions

Execution for Delivery
Eviction from Immovable Property
Granting and Cancellation of Land Registry Rights
Dissolution of a Community
Execution to Compel Substitutable Acts
Execution to Compel Non-Substitutable Acts
Execution to Compel Toleration and Omissions
Execution to Compel a Declaration of Intent

Additional Remedies under the Enforcement Code

Execution for Securing a Claim
Interim Injunction

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Court Jurisdiction

The general district courts are always the competent courts of first instance for enforcement proceedings.

The local jurisdiction is generally determined by the general place of jurisdiction of the obligor. For natural persons, the habitual residence is therefore used, and for legal entities, the registered office.

If the obligor has no general place of jurisdiction in Austria, then the district court in whose district the movable property is located, against which enforcement is to be carried out, can be used.

Sebastian Riedlmair
Harlander & Partner Attorneys „In dem Fall, dass im Exekutionsverfahren eine Intervention vor Ort notwendig ist, nimmt der Rechtsanwalt bzw. die Rechtsanwältin unserer nächstgelegenen Niederlassung den Termin wahr.“

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Costs and Fees

The attorney’s fees in enforcement proceedings are determined by the Lawyers’ Tariff Act (RATG). The court and enforcement costs are governed by the Court Fees Act (GGG) and the Enforcement Fees Act (VGebG).

As a basis for assessment, the amount of the claim (principal claim) to be collected is generally used. Interest and costs are not included in the basis for assessment.

In the event of an award of costs, the attorney’s fees and court costs are added as a further (cost) claim to the ongoing enforcement proceedings and collected by the bailiff.

Conclusion: The creditor must advance the costs of the enforcement proceedings. However, if the claim is recoverable, the court fees and legal representation costs are ultimately borne by the debtor.

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