Free Calculation of Costs and Fees
Please send us your title (judgment, enforcement order, decision, …) by email. The enforcement department of Harlander & Partner will be happy to provide you with a free, case-specific overview of the costs and fees for enforcement in Austria.
Enforcement in Austria
Enforcement in Austria
Our law firm has been in existence since 1953 and is admitted to practise in Austria and Germany. Our lawyers are therefore 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 RiedlmairHarlander & Partner Attorneys „We have extensive experience with the enforcement of foreign titles in Austria.“
Enforcement Titles
The compulsory enforcement is referred to as execution in Austria and is governed by the Austrian Enforcement Code.
An enforcement title is required to conduct enforcement proceedings. The Austrian Enforcement Act (EO) recognises court judgments, decisions and rulings of administrative authorities, as well as certain notarial deeds and other titles listed in Section 1 EO as enforcement titles.
Foreign titles can also be enforced in Austria.
Select Your Preferred Appointment Now:Free initial consultationTypes 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
Court Jurisdiction
The general district courts are always the competent courts of first instance for enforcement proceedings.
The local jurisdiction is generally based on the general place of jurisdiction of the obligor. Accordingly, for natural persons the habitual residence is 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 RiedlmairHarlander & Partner Attorneys „If, in enforcement proceedings, an on-site intervention is necessary, the attorney from our nearest branch office will attend the appointment.“
Costs and Fees
The attorney’s fees in the execution proceedings are determined by the Lawyers’ Tariff Act (RATG). 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.
Select Your Preferred Appointment Now:Free initial consultation
