General Fee Criteria

Unfortunately, the General Fee Criteria are very complex due to the variety of legal fields. It is therefore almost impossible for laypersons to calculate in advance which fee the General Fee Criteria consider appropriate for certain legal services regulated in the General Fee Criteria.

Our law firm therefore offers an initial legal consultation for new clients, which is also intended to clarify the amount of the expected fee.

General Fee Criteria

Announced on the homepage of the Austrian Bar Association (http://www.rechtsanwaelte.at) on 10.10.2005, 28.4.2008 and on 11.5.2009, 10.5.2011, 3.10.2012, on 30.9.2013, on 27.5.2014, on 28.5.2015, on 15.05.2017, on 30.06.2021, on 23.01.2023, on 28.09.2023 and on 30.09.2024.

Part I – Material Scope

§ 1
(1) The lawyer’s claim for fees arises from the agreement made between him
and his client. In the absence of an agreement,
an appropriate remuneration is owed, subject to statutory fee rules pursuant to §§ 1004, 1152 ABGB.

(2) Written form is recommended for a fee agreement.

§ 2
(1) According to established professional opinion, the following criteria serve in the interest of the administration of justice,
in particular to protect clients, for assessing
the appropriateness of the fee.

(2) The fee rates require services from a lawyer. When
assessing the appropriateness of the fee, it must be taken into account whether these services
significantly exceed or fall short of the average in terms of type or scope.

§ 3 (repealed)

§ 4 (repealed)

Part II – Civil and Administrative Matters

§ 5 Euro
As a basis for calculating fee rates (§ 2), the following amounts may be considered appropriate, unless a different value results from the client’s interest or from the matter itself:
1. Tax matters (taxes, fees and contributions)
a) in disputes, the disputed amount,
b) for tax returns (self-assessments) according to §§ 30 b and 30 c EStG
1988 the value of the consideration within the meaning of § 5 GrEStG 1987, but if such
is not available, the land value within the meaning of § 4 GrEStG 1987 c) for other tax returns (self-assessments) the value of the
tax assessment base, d) otherwise 5,500

2. Adoption matters
the value of the assets of the adopter,
otherwise 9,300

3. Agricultural matters
a) for recurring services, three times the annual amount
b) or the market value of the right in question,
otherwise 17,300

4. Construction matters
a) minor 9,300
b) medium 34,600
c) Major projects 286,700

5. Mining law matters 57,000

6. Tenancy matters
three times the annual rent, otherwise

a) for business premises 17,300
b) for apartments with up to three rooms 9,300
c) other apartments 14,000
d) in proceedings pursuant to § 18 of the Tenancy Law Act
three times the annual amount of the rent increase.

7. Easement and real burden matters
a) for recurring
services three times the annual amount or the
market value of the right in question,
b) otherwise 9,300

8. Employment law matters (excluding disciplinary matters)
three annual salaries

9. Electricity matters 17,300

10. Expropriation matters
a) the asserted compensation amount,
b) otherwise 5,500

11. Fisheries matters
a) three times the annual lease,
b) otherwise 17,300

12. Forestry law matters, unless they are
Environmental protection matters,
a) for farms of a rural scale 17,300
b) for large forest holdings 172,700

13. Trade matters, unless they are
Environmental protection matters in plant law,
a) for small businesses 17,300
b) for medium-sized businesses 57,000
c) for larger businesses 114,000
d) for large companies 286,700

14. Industrial property rights
Matters of industrial property rights
and intellectual property law 57,000

15. Border correction and renewal matters
a) the value of the disputed area,
b) otherwise 7,200

16. Insolvency matters (representation of the debtor)
a) in the restructuring plan, the fulfillment requirement including the estate claims,
b) (repealed) c) in the event of other termination of the insolvency proceedings, the assets to be distributed,
d) otherwise 17,300 euros,
e) Services in insolvency matters relating to rights of segregation or separation
are to be assessed separately

17. Hunting law matters
a) three times the annual lease,
b) otherwise 34,600

18. Cartel matters
a) Minor cartel or distribution ties 57,000
b) other 229,700

19. In matters of the Motor Vehicle Act 1967
and the Driving Licence Act
14,000

20. Last wills
a) the value of the assets over which is disposed,
b) otherwise 7,200

21. Real estate transactions
the purchase price, the market value or the assessment basis permitted under the provisions applicable to notaries

22. Media matters
a) Proceedings before the courts and commissions responsible for media matters as well as rebuttals: Fee claims pursuant to § 9 para. 1 Z2 and § 10,
b) Proceedings before administrative authorities: Fee claims pursuant to § 9 para. 1 Z1 and § 10;

23. Personal status matters 14,000

24. Guardianship matters,
with the exception of maintenance matters 7,200

25. in matters of adult representation
a) the value of the assets concerned, Austrian AHK Rechtsanwaltskammertag Stand: 01.10.2024 4 of 10
b) otherwise 9,300 euros

26. Citizenship matters 14,000

27. Declaration of death matters
a) the value of the assets of the person to be declared dead,
b) otherwise 9,300

28. Environmental protection matters
a) in plant law, steam boiler emission and air pollution control law, forestry and water law as well as
Disposal law in connection with large plants 57,000
b) otherwise 17,300

29. Copyright and publishing law matters 57,000

30. Association matters
a) the value of the assets,
b) otherwise 14,000

31. Estate matters
a) in the case of written handling of the proceedings, assessment basis
pursuant to § 3 Court Commission Tariff Act,
b) in the case of other representation, the value of the claim.

32. Water law matters unless they are
Environmental protection matters 17,300

33. Condominium matters (excluding real estate transactions according to Z 21)
a) for recurring services, three times the annual amount
b) otherwise 9,300

34. Other civil and administrative matters
a) of a very simple nature and of minor importance 5,500 euros
b) in general 21,200 euros
c) of far-reaching importance 55,500 euros

35. Proceedings before the administrative courts due to the exercise of direct administrative
Command and coercive power, including complaints under the Aliens Police Act 34,600

36. Patient decrees 21,200 euros

37. Powers of attorney
a) the value of the assets
b) otherwise 21,200 euros

§ 6
(1) The calculation of the fee in the entire scope of application of Parts 2 and can be carried out with analogous application of the RATG in its respective version in accordance with paragraph 3, in particular by applying the provisions on the unit rate and TP 1 to 3 and 5 to 9 RATG.

(2) A connection fee of 25 percent of the remuneration attributable to the submission
can be charged if the granting of the
suspensive effect is requested or the exclusion of the
suspensive effect is challenged with a legal remedy.
(3) As soon as and to the extent that the consumer price index 2015 published by the Federal Institute Statistics Austria or the index replacing it has changed by more than 5% compared to the index number on which the most recently enacted regulation pursuant to § 25 RATG or subsequently compared to the last amendment is based, from 01.01. of the following year after this change, the remuneration can be considered appropriate, which results from the total remuneration of the lawyer calculated after analogous application of the RATG (fixed amounts of the RATG plus unit rate according to § 23 RATG, Streitgenossenzuschlag according to § 15 RATG, ERVZuschlag according to § 23a RATG and connection fee according to note to TP 3 RATG, each if
applicable) plus a surcharge that corresponds to the change between that for the month of the
most recently enacted regulation pursuant to § 25 RATG or subsequently compared to the
the index number on which the last amendment was based and the October index of the previous year. The surcharge calculated in this way can be rounded up or down to the nearest full 10 cents.
(3a) If a surcharge according to paragraph 3 can be considered appropriate and a new regulation according to § 25 RATG comes into force during the calendar year, which does not
corresponds to the amount of the surcharge according to paragraph 3, the surcharge according to paragraph 3 can be converted from the entry into force of the regulation
using the following calculation formula: x = (1 z/100) / (1+y/100) * 100 – 100 (z = percentage of the AHK surcharge old; y = percentage of the percentage change due to the new regulation pursuant to § 25 RATG compared to the last valid regulation pursuant to § 25 RATG).
(4) The first determination of the surcharge according to paragraph 3 is based on the
January 2016 published index number compared to the index number published for January 2023 and can be used for the calculation of the fee for services provided from 15.03.2023.
(5) The amount of a surcharge according to paragraph 3 including the period of validity as well as any converted surcharge according to paragraph 3a must be permanently available on the Internet on the homepage of the Austrian Bar Association (www.rechtsanwaelte.at).

§ 7
(1) In cases in which a lawyer represents several persons or several persons are opposed to him, the following can be considered appropriate as a Streitgenossenzuschlag
a) if there are only two persons represented by the lawyer or opposed to him on one side ……………………………………10%
b) for each additional person represented by him and for each additional person opposed to him per …………………………………………………………………………………5%
of the fee. (2) The approach according to TP 7/2 (paragraph 1 last sentence) RATG can also be used for a file study
can be applied, which in terms of type and scope is used to prepare legal
Services usually necessary file study significantly (within the meaning of § 2 paragraph 2)
exceeds. (3) The approach can be used for the inspection of the electronic file of courts, public prosecutors and other authorities in their own law firm, whereby cash expenses incurred for downloading and printing can be charged separately.
(4) Regardless of further application and examination requirements, the
in-house research in connection with the provisions for the prevention of
Money laundering and terrorist financing can be charged according to TP 7/2 RATG.

§ 8
(1) For representation before supranational tribunals and decision-makers, the Constitutional Court or Administrative Court, the double amount of TP 3C RATG can be considered appropriate for complaints, revisions, counter-statements and the performance of oral proceedings as well as for party applications for standard control.
(2) For legal opinions, the fee rate according to TP 3 RATG up to twice the amount of TP 3C RATG can be considered appropriate.
(3) For negotiations of a contradictory nature, the fee rate according to TP 3A RATG can be considered appropriate. For the letter, which corresponds in content to a submission according to TP 3A RATG and has the assertion or defense of claims as its object, in particular the letter of demand in official liability and insurance damage matters, the fee rates according to this tariff item can be considered appropriate.
(4) In expropriation matters, for the time in which the expropriation matter of the
own party is negotiated, per commenced hour, the fee according to TP 3 RATG,
Austrian AHK Rechtsanwaltskammertag Stand: 01.10.2024 6 of 10 for the remaining, necessary time of attendance at the expropriation hearing, the fee according to TP 2 RATG can be considered appropriate.
(5) For the drafting of documents, contracts and other declarations of any kind including last wills, the rates of the notary tariff can be considered appropriate, based on the assessment bases of the AHK.
For the assessment of foreign contracts, an approach according to TP 3A to TP 3C RATG can be considered appropriate.
(6) For tax returns according to the GrEStG as well as according to §§ 30b and 30c EStG 1988, the approach according to TP 1 to TP 3A RATG can be considered appropriate in each case.
(7) If a lawyer acts as an arbitrator, the provisions of the RATG can be applied mutatis mutandis to his services, unless another agreement is made.

Part III – Criminal and Disciplinary Matters

§ 9
(1) In official criminal cases due to judicially punishable acts, the following fee rates are appropriate:

Euro
1. In district court proceedings
a) Main hearings 1st instance
for the first half hour 238
for each additional half hour 119
b) for the execution of the full appeal and the
Counter-execution to this 1,188
c) for the execution of the appeal only because of
Penalty and the counter-executions to this 352
d) Appeal negotiations according to lit b
for the first half hour 468
for each additional half hour 234
e) Appeal negotiations according to lit c
for the first half hour 352
for each additional half hour 176

2. In single-judge proceedings of the Court with the exception
of the proceedings referred to in § 61 para. 1 Z 5 StPO a) Main hearings 1st instance for the first half hour 396
for each additional half hour 198
b) for the execution of the full appeal and the counter-execution to it 1,188
c) For the execution of the appeal only because of penalty and the counter-executions to it 590 euros.
d) In appeal negotiations according to lit. b for the first half hour 786
for each additional half hour 393
e) In appeal negotiations according to lit. c for the first half hour 590
for each additional half hour 295
a) Main hearings 1st instance
for the first half hour 396
for each additional half hour 198
b) for the execution of the full appeal and
the counter-execution to this 570
c) for the execution of the appeal only because of
Penalty and the counter-executions to this 428
d) Appeal negotiations according to lit b
for the first half hour 590
for each additional half hour 286
e) Appeal negotiations according to lit c
for the first half hour 428
for each additional half hour 214

3. In jury court proceedings and in single-judge proceedings pursuant to § 61 para. 1 Z 5 StPO
a) In main hearings 1st instance for the first half hour 540
each additional half hour 270
b) For the execution of the appeal and the counter-executions to it 808
c) In appeal negotiations for the first half hour 808 for each additional half hour 404
d) For the execution of the appeal on points of nullity and the counter-executions
to it 1,620
e) At court days on appeals on points of nullity for the first half hour 1,076 for each additional half hour 538

4. In sworn court proceedings
a) In main hearings 1st instance for the first half hour 620
each additional half hour 310
b) For the execution of the appeal and the counter-executions to it 928. Austrian AHK
Rechtsanwaltskammertag Stand: 01.10.2024 7von10
c) In appeal negotiations for the first half hour 928 each additional half hour 464
d) For the execution of the appeal on points of nullity and the counter-executions to it 1,860
e) At court days on appeals on points of nullity for the first half hour 1,236 each additional half hour 618

5. Detention proceedings
a) Negotiations 1st instance
for the first half hour 364
for each additional half hour 182
b) for fundamental rights complaints 786
for other complaints 564
c) Negotiations 2nd instance
for the first half hour 564
for each additional half hour 282

(1a) The principles of paragraph 1 also apply to participation in
contradictory hearings in investigation proceedings. (2) If, in the cases of paragraph 1 item 3 or item 4, an appeal on points of nullity
is lodged at the same time as an appeal, a surcharge of 20 percent on the fee rates
according to paragraph 1 item 3 lit. d and lit. e or paragraph 1 item 4 lit. d and lit. e is appropriate.
(3) In the single-judge proceedings pursuant to paragraph 1 item 3, the fee rates of paragraph 1 item 3
lit b) and c) are appropriate for appeals regarding the ruling on the sentence and/or ruling on
private law claims, the fee rates of paragraph 1 item 3 lit d) and e) for all
other appeals and appeal negotiations. Paragraph 2 does not apply.

§ 10
(1) For services of the attorney in ex officio criminal cases due to judicially punishable acts that are not mentioned in § 9, the fee rates of TP 1 to 3 and TP 5 to 9 RATG plus a
surcharge according to § 6 paragraph 3, based on the following assessment bases, are appropriate:

Euro
in cases according to § 9 paragraph 1 item 1 7,800
in cases according to § 9 paragraph 1 item 2 18,000
in cases according to § 9 paragraph 1 item 3 27,600
in cases according to § 9 paragraph 1 item 4 33,200
in cases according to § 9 paragraph 1 item 5
corresponding to item 1 to 4,
in the absence of determinability 18,000

(2) For the purposes of paragraph 1, the following are appropriate for the fee calculation:

1.TP 2 RATG for the cost determination applications, written submissions with which only
powers of attorney are submitted, waivers of legal remedies are announced, and
legal remedies are registered; very short applications or other communications
to the court; 2.TP 3A RATG for applications, insofar as they are not to be regarded as very
short in terms of scope or content, release applications, applications to the public prosecutor and the
court in the investigation proceedings for the issuance of orders, permits,
decisions and the like; 3.TP 3B RATG for legal remedies in criminal proceedings that are not already listed in § 9,
in particular objections to the indictment and complaints pursuant to
§ 87 StPO as well as objections pursuant to § 106 StPO. 4.TP 7/2 RATG for visits to detained or imprisoned persons and for
participation in interrogations and for a review of files that, in terms of type and
scope, significantly exceeds the file review usually necessary for the preparation of legal services (within the meaning of § 2 paragraph 2).

§ 11
The provisions on the unit rate pursuant to § 23 RATG can be applied mutatis mutandis; in this case, the services pursuant to § 9 also apply as a basis for calculating the unit rate.

§ 12
In criminal cases due to judicially punishable acts, a success fee of up to 50% of the fee amount can be charged; this applies in particular if the proceedings are discontinued or the judgment is acquittal or a defendant accused of a crime is convicted of a misdemeanor or a crime threatened with a lower penalty.

§ 13
(1) The criteria of §§ 8 paragraph 1 and 9 to 12 shall apply mutatis mutandis to services of the attorney in
a) Administrative penal proceedings for infringements that are punishable by a fine of up to 730 euros, pursuant to § 9 paragraph 1 item 1;
b) Administrative penal proceedings for infringements that are punishable by a fine of up to 2,180 euros, pursuant to § 9 paragraph 1 item 2;
c) Administrative penal proceedings for infringements that are punishable by a fine between 2,180 to 4,360 euros, pursuant to § 9 paragraph 1 item 3;
d) Administrative penal proceedings for infringements that are punishable by a fine of over 4,360 euros, as well as all administrative penal proceedings for infringements that are also punishable by imprisonment in addition to a fine, pursuant to § 9 paragraph 1 item 4;
e) Financial penal proceedings, insofar as they do not fall within the jurisdiction of the ordinary courts, pursuant to § 9 paragraph 1 item 3;
f) Disciplinary proceedings, depending on the severity of the accusation, pursuant to § 9 paragraph 1 item 1 to item 3.
(2) If several administrative penal matters are the subject of joint proceedings, the individually threatened penalties shall be added together when determining the assessment basis.
(3) If the forfeiture of objects is threatened, the assessment basis shall be increased in each case by the value of the same.
(4) § 9 shall apply mutatis mutandis to services in appeal proceedings in administrative penal matters, insofar as a distinction is to be made, as in the case of ex officio criminal matters due to judicially punishable acts, as to whether the appeal is limited to contesting the amount of the penalty or goes beyond that. When determining the assessment basis, the criteria applicable to the first instance proceedings are appropriate.

IV. Part – Other Provisions

§ 14
(1) For the receipt, booking, safekeeping or delivery of money or securities, savings or deposit books – with the exception of the handling of bills of exchange, debt instruments, witness, expert and delivery fees and the like – the rates of the notary tariff can be used.
(2) If the receipt or delivery pursuant to paragraph 1 does not take place in the attorney’s office, the fee pursuant to TP 7 RATG may also be appropriate for the effort to the place of receipt or delivery.

§ 15
If the attorney is active outside the place where his registered office or branch is located, the mileage allowance can be considered appropriate according to the rates of the federal travel expense regulations in the highest service class for the use of his own motor vehicle (if necessary also a rental car) and the reimbursement of the actual catering and accommodation expenses.

§ 16
A surcharge of 100% can be considered appropriate to the fee rates for services of an attorney that are provided for justified reasons between 8 p.m. and 8 a.m. or on Sundays and public holidays, or on Saturdays.

§ 17
(1) The provision of § 16 RATG on the separate reimbursement of all
expenses including sales tax also applies to those services whose remuneration
is not determined by the RATG.
(2) For the sending of electronic messages via secure communication channels,
the charging of 50 cents per message as cash expenses can be considered appropriate,
provided that no higher expenses are proven in individual cases.

§ 18
When assessing the appropriateness of the remuneration for services of an attorney that are not covered by the above-mentioned special criteria (Part II and III), criteria for comparable services can be taken into account.

§ 19
The AHK are to be made permanently available on the homepage of the Austrian Bar Association (http://www.rechtsanwaelte.at).

V. Part – Final Provisions

§20 § 6 paragraph 1 and paragraph 3 to 5 as well as § 10 paragraph 1 in the version of resolution no. 1/2023 come into force on March 15, 2023.