Unfortunately, the legislator has designed the Lawyers’ Fees Act neither clearly nor easily understandably. It is therefore almost impossible for laypersons to calculate in advance which fee the Lawyers’ Fees Act provides for the legal services regulated by the Lawyers’ Fees Act. We lawyers also use special software for fee billing.
Our law firm therefore offers an initial legal consultation for new clients, which is also intended to clarify the amount of the expected fees.
Lawyers’ Fees Act
Subject of the tariff
§ 1
(1) Lawyers shall be entitled to remuneration in civil court proceedings and in arbitration proceedings pursuant to §§ 577 et seq. of the Code of Civil Procedure, as well as in criminal proceedings concerning a private prosecution and for the representation of private parties, in accordance with the following provisions and the attached tariff, which forms an integral part of this Federal Law. The tariff rates resulting from calculation operations ordered in the tariff shall be rounded up or down to the nearest 10 cents.
(2) Unless otherwise provided in the following, the provisions of this Federal Law shall apply both in the relationship between the lawyer and the party represented by him and in determining the costs to be reimbursed by the opposing party, even if the lawyer is to be reimbursed costs by the opposing party in his own case. They shall also apply if the services referred to therein are performed by notaries, provided that the notary is authorized to perform such services and the remuneration is not regulated in the Notary Tariff or in the Tariff on the Remuneration of Notaries as Agents of the Court.
Restriction of the validity of the tariff
§ 2
(1) The tariff shall not affect the right of free agreement.
(2) Even if remuneration has not been agreed, the lawyer may assert a higher claim against that party than provided for in the tariff, justified by special circumstances or by a special claim caused by his party.
Basis of assessment
§ 3
The amount relevant for the application of a specific tariff rate (assessment basis) shall be calculated in civil proceedings according to the value of the subject matter of the dispute, in enforcement (security) proceedings according to the value of the claim (§ 13), in insolvency and restructuring proceedings for a creditor according to the amount of the registered claim including ancillary charges, in non-contentious proceedings according to the value of the subject matter of the proceedings.
Note
Is only to be applied if the matter is after 31 December 2004
has become pending. On all previously pending proceedings
these provisions shall continue to apply in their previously valid
version (cf. Art. 10 § 2, BGBl. I No. 113/2003).
§ 4
Unless otherwise provided in the following, the assessment basis (§ 3) shall be based on the provisions of §§ 54 to 59 of the Code of Jurisdiction, in non-contentious proceedings, however, if the subject matter does not consist of an amount of money, according to the value which the party has designated in its application as the value of the subject matter of the proceedings.
Note
Is only to be applied if the matter is after 31 December 2004
has become pending. On all previously pending proceedings
these provisions shall continue to apply in their previously valid
version (cf. Art. 10 § 2, BGBl. I No. 113/2003).
§ 5
(1) If only part of a capital claim is asserted, only the asserted part shall be decisive. If the excess resulting from the comparison of the claims to which both parties are entitled against each other is claimed, the amount of the claimed excess shall be decisive. (2) Disputes pursuant to § 37 of the Enforcement Code shall be assessed according to the value of the claim (§ 13) on account of which enforcement is carried out, but if the items seized in enforcement have a lower value, according to this value. If the action is directed against several defendants and a decision is made on the obligation to reimburse costs, the highest of the claims shall apply as the assessment basis for joint services, but if the value of the items seized in enforcement is lower, this shall apply. The costs shall be divided according to the ratio of the amounts in dispute relevant to the individual defendants.
§ 6
Claims in foreign currency shall be valued according to the exchange rate at the time of the decision or the settlement on the obligation to reimburse costs.
Note
Is only to be applied if the matter is after 31 December 2004
has become pending. On all previously pending proceedings
these provisions shall continue to apply in their previously valid
version (cf. Art. 10 § 2, BGBl. I No. 113/2003).
§7 (1) If the defendant finds the assessment of the subject matter of the dispute by the plaintiff pursuant to §§ 56 or 59 of the Code of Jurisdiction to be too high or too low, he may object to the assessment at the latest at the first hearing scheduled for oral proceedings. If the value of the subject matter of the proceedings is designated differently by the parties in non-contentious proceedings, this shall be equivalent to an objection to the assessment. If the defendant finds the assessment of the subject matter of the dispute by the plaintiff pursuant to Paragraphen 56, or 59 of the Code of Jurisdiction to be too high or too low, he may object to the assessment at the latest at the first hearing scheduled for oral proceedings. If the value of the subject matter of the proceedings is designated differently by the parties in non-contentious proceedings, this shall be equivalent to an objection to the assessment. (2) In the absence of an agreement between the parties, the court shall, if possible without further investigations and without unduly delaying the settlement or causing costs, assess the subject matter of the dispute for the application of this Federal Law within the framework of the amounts claimed by the parties. The same shall apply in non-contentious proceedings for the assessment of the subject matter of the proceedings. This decision may not be challenged by a legal remedy. Note Is only to be applied if the matter is after 31 December 2004 has become pending. On all previously pending proceedings these provisions shall continue to apply in their previously valid version (cf. Art. 10 § 2, BGBl. I Nr. 113/2003 ).
§ 7a
(1) In class action proceedings for redress pursuant to §§ 623 et seq. ZPO, the Qualified Institution shall already assess an application for interim declaratory judgment pursuant to § 624 para. 2 ZPO in the class action for redress in terms of amount. The Qualified Institution shall not be bound by any statutory valuation rules in this valuation. If the defendant does not object to such an assessment at the latest at the first hearing scheduled for oral proceedings, the court shall use this amount as the assessment basis (§ 3) for the entire class action proceedings for redress until the decision on the application for interim declaratory judgment. If the Qualified Institution fails to make an assessment or if the defendant objects to the assessment in good time, the assessment basis of the application for interim declaratory judgment in the class action proceedings for redress shall be determined in accordance with §§ 4 and 12; § 7 para. 2 shall apply. In class action proceedings for redress pursuant to Paragraphen 623, ff. ZPO, the Qualified Institution shall already assess an application for interim declaratory judgment pursuant to Paragraph 624, Paragraph 2, ZPO in the class action for redress in terms of amount. The Qualified Institution shall not be bound by any statutory valuation rules in this valuation. If the defendant does not object to such an assessment at the latest at the first hearing scheduled for oral proceedings, the court shall use this amount as the assessment basis (Paragraph 3,) for the entire class action proceedings for redress until the decision on the application for interim declaratory judgment. If the Qualified Institution fails to make an assessment or if the defendant objects to the assessment in good time, the assessment basis of the application for interim declaratory judgment in the class action proceedings for redress shall be determined in accordance with Paragraphen 4 and 12; Paragraph 7, Paragraph 2, shall apply. (2) The class action for redress (§ 624 ZPO) and all pleadings or hearings that relate only or also to an application for interim declaratory judgment by the Qualified Institution pursuant to § 624 para. 2 ZPO shall be remunerated on the basis of the assessment basis pursuant to para. 1. The class action for redress (Paragraph 624, ZPO) and all pleadings or hearings that relate only or also to an application for interim declaratory judgment by the Qualified Institution pursuant to Paragraph 624, Paragraph 2, ZPO shall be remunerated on the basis of the assessment basis pursuant to Paragraph eins,. (3) Notwithstanding paragraphs 1 and 2, the declarations of accession pursuant to § 628 ZPO as well as all other pleadings and hearings that relate only to individual claims shall be remunerated in accordance with the assessment basis resulting for the respective pleading or for the respective hearing.
Note
Is only to be applied if the matter is after 31 December 2004
has become pending. On all previously pending proceedings
these provisions shall continue to apply in their previously valid
version (cf. Art. 10 § 2, BGBl. I Nr. 113/2003).
§ 8
(1) If, in the course of proceedings or non-contentious proceedings, the value of a subject matter of the dispute or subject matter of the proceedings not consisting of money changes in such a way that the assessment made obviously no longer corresponds to the current value ratios, the assessment basis shall, in the absence of an agreement between the parties, be reassessed by the court pursuant to § 7 at the request of a party. In proceedings before the Revisions- or Revisionsrekursgericht, this application may be made in the Revisions- or Revisionsrekursbeantwortung; if the application is made in the Revisions- or Revisionsrekursbeantwortung, the Revisions- or Revisionsrekursgericht may obtain a statement from the Revisions- or Revisionsrekurswerber.
(2) If the assessment basis has been changed pursuant to para. 1 in the course of proceedings, the value in dispute applicable at the time of the decision or the settlement on the obligation to reimburse costs shall be decisive in determining the costs of the entire proceedings preceding this determination of costs.
(3) Para. 2 shall also apply in appeal proceedings, but for the costs of the courts subordinate in the instance only if these costs are determined by the court of higher instance. If the decisions of subordinate courts have been wholly or partially quashed in the instance, the most recently determined value in dispute or value of the proceedings shall also be used as a basis for the new decision on the merits in determining the costs of those courts whose decisions have been quashed.
(4) Para. 3 shall also apply if the conversion rate decisive for the assessment pursuant to § 6 has changed during the instance.
§ 9
(1) Claims for payment of maintenance or care amounts and for payment of pensions in the event of bodily injury or the killing of a person shall be assessed at three times the annual payment. If the claim is asserted for a period shorter than three years, the total amount of the benefits claimed for this period shall serve as the assessment basis.
(2) If an increase or decrease in the amounts referred to in para. 1 is claimed, three times the annual payment of the claimed increase or decrease shall be assumed as the assessment basis.
(3) Claims for payment of spousal maintenance or child maintenance, including claims for payment of temporary maintenance, shall be assessed at one times the annual payment. Para. 1 last sentence and para. 2 shall apply mutatis mutandis.
Note
Is only to be applied if the matter is after 31 December 2004
has become pending. On all previously pending proceedings
these provisions shall continue to apply in their previously valid
version (cf. Art. 10 § 2, BGBl. I Nr. 113/2003).
§ 10
The subject matter shall be assessed:
1. in disputes over actions for disturbance of possession with 800 euros;
2. in disputes arising from the lease agreement and in disputes over eviction actions
a) for business premises, for apartments whose usable area exceeds 90 m2, and for other objects with the annual rent resulting from the last 12 months before the filing of the termination or the action, but at least, as well as in cases in which this assessment basis is not asserted numerically in the termination or action, with 2 000 euros,
b) for apartments whose usable area exceeds 60 m2 and which do not fall under lit. a, with 1 500 euros,
c) for smaller apartments with 1 000 euros;
3. in proceedings other than contentious proceedings pursuant to § 37 para. 1 MRG, § 52 para. 1 WEG 2002, § 22 para. 1 WGG, § 25 HeizKG and the Small Garden Act
a) for object-related claims
aa) for business premises, for apartments whose usable area exceeds 90 m2, and for garages with more than two parking spaces, if the subject matter does not consist of an amount of money, with 2 000 euros,
otherwise at most with ………………………. 6 000 Euro,
bb) for apartments with a usable area of more than 60 m2 and up to 90 m2, if the subject matter does not consist of an amount of money, with 1 500 euros, otherwise at most with 4 500 euros,
cc) for other objects, if the subject matter does not consist of an amount of money, with 1 000 euros,
otherwise at most with ………………………….. 3 000 Euro
b) for property-related claims
aa) for properties with more than fifty rental objects or objects suitable for residential property (§ 2 para. 2 WEG 2002), if the subject matter does not consist of an amount of money, with 4 000 euros,
otherwise at most with ………………………… 12 000 Euro
bb) for other properties, if the subject matter does not consist of an amount of money, with 2 500 euros,
otherwise at most with ………………………… 7 500 Euro
4. a) in matrimonial matters with 6,000 euros,
b) in disputes over marital descent and in disputes over paternity to an illegitimate child with 2,400 euros;
the value in dispute of the property law claims associated with disputes under lit. a and b shall be added;
5. in matters of the commercial and cooperative register, if no other value emerges from the application, with the business capital, but at least with the following amounts:
a) for sole proprietorships with 3,000 euros,
b) for stock corporations with 70 000 euros,
c) for limited liability companies with 10 000 euros,
d) for other companies and for cooperatives with 15 000 euros; for applications for registration of a limited liability company on the basis of a declaration fulfilling the requirements of § 5 para. 8 third sentence NTG, the subject matter shall be assessed at 1 000 euros.
6. in disputes over actions pursuant to § 1330 ABGB, insofar as the subject matter does not consist of an amount of money,
a) if the allegation was disseminated in a medium (§ 1 Z 1 Media Act), at most with 21,000 euros,
b) otherwise at most with 11,000 euros; for actions for injunctive relief pursuant to § 549 ZPO, the subject matter shall be assessed at 5 000 euros;
6a. in labor law matters pursuant to § 54 para. 1 ASGG at most with 24,000 euros;
6b. in disputes pursuant to § 502 para. 5 Z 3 ZPO at least with 4,500 euros;
7. in criminal cases concerning a private prosecution
a) for offenses that fall within the jurisdiction of the district courts
fall with ……………………………………………. 6 000 Euro
b) for other offenses with 11 000 euros;
8. in criminal court proceedings on applications under the Media Act (Tarifpost 4 Section I Z 2) with 11 000 euros;
9. in criminal cases for the representation of private parties:
a) for offenses that fall within the jurisdiction of the district courts
fall with ……………………………………………… 3 000 Euro
b) for other offenses and for crimes with 6 000 euros.
Note
Is applicable to all cost determination proceedings or all
Cost appeal proceedings to apply in which the application for
Cost determination or the cost appeal after the
31 December 2007 has been filed with the court (cf. Art. XVII
§ 16, BGBl. I No. 111/2007).
§ 11
(1) In proceedings concerning applications for cost determination, insofar as the costs are not to be offset against each other, the amount of costs requested shall serve as the basis for assessment. The basis for assessment in cost appeal proceedings is the amount whose award or disallowance is requested in the cost appeal. (2) If, in the cases of Para. 1, the requested amount does not exceed 100 Euros, there is only a claim for reimbursement of cash expenses in proportion to success.
Note
Only applicable if the matter became pending after December 31, 2004.
For all proceedings that became pending before that date,
these provisions shall continue to apply in the version previously in force
(cf. Art. 10 § 2, Federal Law Gazette I No. 113/2003).
§ 12
(1) When asserting several claims in the same action, the values of the subject matters in dispute are to be aggregated. The same applies to the duration of the consolidation of several lawsuits and to the consolidation of an action and counterclaim for joint hearing. (2) If several claims raised in the same action are heard separately, the corresponding partial value is decisive for each of the separate hearings during the period of separation. (2a) Paras. 1 and 2 shall also apply mutatis mutandis to the assertion of several claims in the same non-contentious proceedings and to the consolidation of several non-contentious proceedings. (3) A change in the value of the subject matter in dispute due to an amendment of an action, a restriction of the claim, or a partial settlement of the dispute is to be taken into account for the services subsequent to the change in value and, if the change is effected by a party’s declaration, also for the relevant pleading. If the value in dispute is changed during a court hearing, the change is already to be taken into account for the hour of the hearing in which the change occurs. The same applies mutatis mutandis to changes in the subject matter of the proceedings in non-contentious matters. (4) If the claim for ancillary fees is restricted, the following values in dispute or procedural values shall be assumed, but never more than half of the original value: a) in legal matters before the court to be decided by the Senate, 2,000 Euros, b) in legal matters before the court to be decided by a single judge, 1,000 Euros, c) in legal matters before the district court, 200 Euros. The same applies if the claim a) in legal matters before the court to be decided by the Senate, is restricted to less than 2,000 Euros, b) in legal matters before the court to be decided by a single judge, is restricted to less than 1,000 Euros, c) in legal matters before the district court, is restricted to less than 200 Euros.
§ 13
(1) In enforcement (security) proceedings, the basis for assessment is
a) for the enforcing creditor or other entitled party, the value of the claim in capital; litigation costs or ancillary fees are only to be taken into account if they alone constitute the subject matter of the claim to be enforced or secured; no change in the basis for assessment occurs during the proceedings; b) for the obligor, the value of the claim affected by his application; c) for the third-party debtor, the value of the seized claim, if this is lower than the claim of the enforcing creditor, otherwise the value specified in lit. a; d) for the bidder and for the successful bidder, the value of the highest bid achieved. (Note: Para. 2 repealed by BGBl. Nr. 519/1995 )
§ 14
If the basis for assessment cannot be determined according to the preceding provisions, the following values shall be used as a basis:
a) in legal matters before the court to be decided by the Senate, 24,000 Euros,
b) in legal matters before the court to be decided by a single judge, 10,000 Euros,
c) in legal matters before the district court, 1,000 Euros.
Increase in Remuneration for Multiple Persons
§ 15
(1) The lawyer is entitled to an increase in his remuneration if he represents several persons or faces several persons in a legal matter (§ 1). The increase amounts to: a) if there are only two persons represented by the lawyer or facing him on one side, 10%, b) for each additional person represented by him and for each additional person facing him, 5% each, but never more than a total of 50% of the total earnings, including the flat rate; travel expenses, compensation for loss of time, and other disbursements are not included in the total earnings. (2) Para. 1 does not apply in collective redress actions for relief pursuant to §§ 623 et seq. of the Code of Civil Procedure until a decision on an interim declaratory application by the Qualified Entity pursuant to § 624 Para. 2 of the Code of Civil Procedure.
Disbursements
§ 16
Disbursements for court fees, postal charges, and other expenses, including value-added tax, are to be remunerated separately, unless § 23 provides otherwise. Additional expenses incurred by a party through the engagement of a consensual lawyer pursuant to § 5 Para. 1 EIRAG are likewise to be remunerated separately, but not more than 25% of the total earnings, including the flat rate; travel expenses, compensation for loss of time, and other disbursements are not included in the total earnings.
Handling of Several Matters During a Trip
§ 17
When handling several matters during a trip, the travel expenses are to be allocated to the individual matters in proportion to the bases for assessment.
Cost Statements
§ 18
The lawyer has no claim to remuneration for the preparation of the cost statement or the fee note to the party he represents.
Remuneration for Joint Activity of Several Lawyers § 19 For services that are jointly entrusted by a party to several lawyers, each lawyer has a full claim for his services against the party he represents according to the tariff.
Authorized Recipient for Service
§ 20
The lawyer who has been appointed as authorized recipient for service only has a claim for reimbursement of expenses for sending documents and for remuneration for drafting and dispatching letters.
Examination by the Court; Remuneration Exceeding the Tariff
§ 21
(1) The judicial authority to examine the necessity and expediency of individual services remains unaffected. If, in an individual case, the lawyer’s service significantly exceeds the average in scope or nature, the remuneration for it shall be determined appropriately, independently of the tariff, especially considering the time and effort expended. (2) The rates of the tariff may only be reduced, even when the remuneration for services of the same or similar nature not subject to the tariff is judicially determined, if the lawyer does not demand higher remuneration.
Note
Only applicable if the matter became pending after December 31, 2004.
For all proceedings that became pending before that date,
these provisions shall continue to apply in the version previously in force
(cf. Art. 10 § 2, Federal Law Gazette I No. 113/2003).
Separate Pleadings
§ 22
In civil court proceedings and in enforcement (security) proceedings, pleadings are only remunerated separately if they cannot be combined with other pleadings or if the court deems their separate submission necessary or expedient.
Flat Rate for Ancillary Services
§ 23
(1) For the remuneration of services falling under tariff items 1, 2, 3, 4 or 7, a flat rate is due instead of all ancillary services falling under tariff items 5, 6 and 8 and instead of reimbursement for domestic postal charges.
(2) However, the lawyer may charge the party he represents for the individual ancillary services listed in Para. 1 instead of the flat rate.
(3) The flat rate amounts to 60% for a value in dispute up to and including 10,170 Euros, and 50% for a value in dispute exceeding 10,170 Euros, of the total earnings, excluding travel expenses, compensation for loss of time, and other disbursements.
(4) The flat rate does not include ancillary services in the course of out-of-court oral or written negotiations which were undertaken before or during judicial proceedings to avoid litigation or to bring about a settlement, if they have caused significant expenditure of time and effort. They are to be remunerated according to the tariff item applicable to each individual service. The same applies to ancillary services if the legal matter was concluded before the main service corresponding to the ancillary services was performed.
(5) For services falling under tariff item 3 A Section II and III, tariff item 3 B Section II, tariff item 3 C Section II or tariff item 4 Section I No. 5, 6, Section II, the portion of the flat rate attributable to this service shall be awarded twice if the lawyer performs the service at a location outside the seat of his law firm or commissions another lawyer to perform this service and does not claim reimbursement for travel expenses and compensation for loss of time, or if the court does not grant him such a claim because he could have been represented by a lawyer based at the court location.
(6) In legal disputes in which a conditional payment order is to be issued or in which the answer to the complaint is ordered according to the provisions of the Code of Civil Procedure, the portion of the flat rate attributable to this service shall be awarded twice for the complaint, the answer to the complaint, and the objection to the payment order, subject to Para. 7. (7) In legal disputes in which payment of a monetary amount not exceeding 360 Euros is sought and a conditional payment order is to be issued, the flat rate according to Para. 3 is due for the complaints mentioned in tariff item 2. If an objection is raised against the payment order, the double flat rate shall instead be awarded for the complaint. (8) For applications for enforcement authorization as well as for applications of the enforcing creditor according to tariff item 3A Section I No. 2, the portion of the flat rate attributable to this service shall be awarded twice. (9) In appeal proceedings in which no evidence is taken or no other additions to the proceedings are made, the portion of the flat rate attributable to these services shall be awarded three times – in the case of an appeal hearing conducted pursuant to Para. 5, four times – for the appeal and the answer to the appeal; thereby all services connected with the conduct of the appeal hearing are also compensated. (10) Para. 9 does not apply to appeal proceedings in which § 501 Para. 1 of the Code of Civil Procedure is to be applied.
Increase in Remuneration in Electronic Legal Communication
§ 23a
If the pleading initiating the proceedings is submitted via electronic legal communication, the lawyer is entitled to an increase in remuneration of 5.00 Euros for this. For further pleadings submitted via electronic legal communication, the lawyer is entitled to an increase in remuneration of 2.60 Euros each. The respective increased amount is not to be taken into account when determining the flat rate (§ 23) and the co-litigant surcharge (§ 15). If, in land register and company register matters, all documents that are to be included in the collection of documents of the land register or company register based on the entry requested with the submission are transmitted via electronic legal communication, the lawyer is entitled to a further increase in remuneration of 9.50 Euros.
Abbreviated Recording of Costs (Standard Cost Tariff)
§ 24
(1) The Federal Minister of Justice is authorized to compile, by ordinance, a calculation of the remuneration due to lawyers for regularly occurring services in simple and frequently recurring cases (Standard Cost Tariff). This tariff may only extend
a) in civil proceedings to default judgments,
b) lit. b repealed by Art. 13 No. 1, BGBl. I Nr. 86/2021
c) in civil proceedings and enforcement proceedings to applications decided by the court without an oral hearing, with the exception of appeals.
(2) In the cases mentioned in Para. 1, costs may be recorded in such a way that reimbursement of costs and fees according to the Standard Cost Tariff is demanded.
Determination of Surcharges
§ 25
The Federal Minister of Justice is authorized, in agreement with the Main Committee of the National Council, to set a surcharge by ordinance for the fixed amounts specified in the tariff as lawyer’s remuneration and for the amounts specified in § 23a, if and to the extent necessary to ensure lawyers adequate remuneration corresponding to the changed economic conditions. The resulting remuneration shall be determined in the ordinance; the amounts are to be rounded up to the nearest 10 cents.
Final and Transitional Provisions
§ 26
(1) This Federal Act shall enter into force on July 1, 1969.
(2) It shall apply to services rendered by lawyers after June 30, 1969, unless the amount of remuneration has been agreed upon with the party. (3) Upon the entry into force of this Federal Act, the following are repealed: 1. the Federal Act of June 4, 1923, Federal Law Gazette No. 305, concerning the Lawyers’ Tariff, 2. the Ordinance of the Federal Ministry of Justice of January 14, 1954, Federal Law Gazette No. 33, concerning the Lawyers’ Tariff, in the version of the Ordinance of August 23, 1961, Federal Law Gazette No. 218, the Proclamation of August 30, 1963, Federal Law Gazette No. 232, and the Ordinance of July 20, 1964, Federal Law Gazette No. 177. (4) §§ 23a and 25 in the version of the Federal Act BGBl. I Nr. 90/2008 enter into force on October 1, 2008. They apply to pleadings filed with the court after September 30, 2008. Paragraphs 23a and 25 as amended by Federal Law Gazette Part One, No. 90 of 2008, enter into force on October 1, 2008. They apply to pleadings filed with the court after September 30, 2008. (5) Section 10 (5) as amended by the Corporate Law Amendment Act 2013, BGBl. I Nr. 109/2013 , enters into force on July 1, 2013, and applies to applications filed with the court after June 30, 2013. Section 10, item 5, as amended by the Corporate Law Amendment Act 2013, Federal Law Gazette Part One, No. 109 of 2013, enters into force on July 1, 2013, and applies to applications filed with the court after June 30, 2013. (6) Section 10 (5) as amended by the Federal Act BGBl. I Nr. 13/2014 enters into force on March 1, 2014, and applies to applications filed with the court after February 28, 2014.
Entry into force and transitional provisions from January 1, 2017 Section 26a (1) Sections 10 and 23 (5) as well as tariff items 1 and 3 C as amended by the Professional Law Amendment Act 2016, BGBl. I Nr. 10/2017 , enter into force on January 1, 2017. Tariff items 1 and 3 C as amended by the Professional Law Amendment Act 2016 apply to services rendered after December 31, 2016. Sections 10 and 23 (5), as well as tariff items 1 and 3 C as amended by the Professional Law Amendment Act 2016, Federal Law Gazette Part One, No. 10 of 2017, enter into force on January 1, 2017. Tariff items 1 and 3 C as amended by the Professional Law Amendment Act 2016 apply to services rendered after December 31, 2016. (2) Sections 10, 12, 14 and tariff item 3 B as amended by the Professional Law Amendment Act 2020, BGBl. I Nr. 19/2020 , enter into force on April 1, 2020. Sections 10, 12 and 14 as amended by the Professional Law Amendment Act 2020 apply to services rendered by lawyers after March 31, 2020. Section 10, Section 12, Section 14 and tariff item 3 B as amended by the Professional Law Amendment Act 2020, Federal Law Gazette Part One, No. 19 of 2020, enter into force on April 1, 2020. Section 10, Section 12 and Section 14 as amended by the Professional Law Amendment Act 2020 apply to services rendered by lawyers after March 31, 2020. (3) Section 10, tariff item 2 Section I (1) lit. b and c, tariff item 3 A Section I (1) lit. b and tariff item 4 Section I (2) as amended by Federal Act BGBl. I. No. 148/2020 enter into force on January 1, 2021. Section 10, tariff item 2 Section I (1) lit. b and c, tariff item 3 A Section I (1) lit. b and tariff item 4 Section I (2) as amended by Federal Act Federal Law Gazette I. No. 148 of 2020, enter into force on January 1, 2021. (4) Section 24 (1) and tariff item 1 Section III as amended by the Federal Act Comprehensive Reform of Enforcement Law – GREx, BGBl. I Nr. 86/2021 , enter into force on July 1, 2021. Section 24 (1) and tariff item 1 Section III as amended by the Federal Act Comprehensive Reform of Enforcement Law – GREx, Federal Law Gazette Part One, No. 86 of 2021, enter into force on July 1, 2021. (5) Section 3, tariff item 1 Section IV, tariff item 2 Section I (4) and Section II (4) as well as tariff item 3 A Section I (4) lit. a as amended by the Restructuring and Insolvency Directive Implementation Act, BGBl. I Nr. 147/2021 , enter into force on July 17, 2021. Section 3, tariff item 1 Section IV, tariff item 2 Section I (4) and Section II (4), as well as tariff item 3 A Section I (4) lit. a, as amended by the Restructuring and Insolvency Directive Implementation Act, Federal Law Gazette Part One, No. 147 of 2021, enter into force on July 17, 2021. (6) Section 10 (5) as amended by the Corporate Law Amendment Act 2023, BGBl. I Nr. 179/2023 , enters into force on January 1, 2024, and applies to applications filed with the court after December 31, 2023. Section 10, item 5, as amended by the Corporate Law Amendment Act 2023, Federal Law Gazette Part One, No. 179 of 2023, enters into force on January 1, 2024, and applies to applications filed with the court after December 31, 2023. (7) Sections 7a and 15 as well as tariff item 1, tariff item 2 Section I (1) lit. a and Section III, tariff item 3 A Section IV, tariff item 3 B Section III and tariff item 3 C Section IV as amended by the Collective Redress Directive Implementation Amendment, BGBl. I Nr. 85/2024 , enter into force on the day following their promulgation.
Section 27 The Federal Minister of Justice is entrusted with the enforcement of this Federal Act.
Tariff
Tariff Item 1
I. In all proceedings for the following pleadings:
a) mere notifications, submission of documents, and communications to the court; b) requests to the court and other authorities for the provision of information, confirmations, certificates, copies or certified copies, for inspection of files or for the return of annexes; c) requests and declarations concerning deadlines, hearings, service, and similar procedural matters; d) applications for cost determination; e) revocation or termination of powers of attorney; f) withdrawal of applications or appeals, waivers; g) proof of agreement and notification of its revocation according to Section 5 (2) EIRAG;
II. in civil proceedings:
a) applications for the appointment of a curator for the opposing party; b) declarations of intervention by the intervener; c) applications for amendment of the assessment basis according to Sections 7 and 8 and statements thereto; applications for amendment of the assessment basis according to Sections 7 and 8 and statements thereto; d) withdrawal of actions; e) objections to the payment order that are limited solely to the filing of the objection; f) applications for the resumption of dormant or interrupted proceedings, applications for scheduling a hearing for oral arguments according to Section 398 (2) of the Code of Civil Procedure; applications for the resumption of dormant or interrupted proceedings, applications for scheduling a hearing for oral arguments according to Section 398 (2) of the Code of Civil Procedure; g) applications for the correction of judgments or decisions; h) written notices of appeal; i) replies to appeals that merely contain the request for scheduling an oral appeal hearing without further elaborations on the subject matter;
IIa. in non-contentious proceedings:
a) applications for the appointment of a curator;
b) applications for amendment of the assessment basis according to Sections 7 and 8 and statements thereto;
c) applications for the resumption of dormant or interrupted proceedings, as well as after the expiration of the suspension period;
d) applications for the correction of decisions;
III. in enforcement proceedings: a) applications for the enforcement of execution on movable tangible assets according to Section 249a (1) (4) EO;
b) applications for renewed enforcement or for scheduling a renewed auction;
c) declarations concerning the assumption of debt according to Section 169 (2) EO and Section 223 (1) EO;
d) indication of the compensation amount according to Section 211 EO;
e) objections according to Section 54c EO and submission of titles according to Section 54d EO;
f) applications for suspension and applications for restriction according to Section 39 (1) (6) or Section 148 (2) EO;
g) applications according to Sections 47 or 48 EO including applications for supplementing or clarifying the asset inventory as well as suggestions according to Section 47 (4) EO;
h) claims;
IV. in insolvency and restructuring proceedings: a) applications for the opening of insolvency proceedings, unless they fall under tariff item 3; b) claims in restructuring proceedings:
for an assessment basis
up to and including 40 Euros 4.20 Euros, over 40 Euros up to and including 70 Euros 5.90 Euros, over 70 Euros up to and including 110 Euros 7.50 Euros, over 110 Euros up to and including 180 Euros 8.40 Euros, over 180 Euros up to and including 360 Euros 9.20 Euros, over 360 Euros up to and including 730 Euros 11.10 Euros, over 730 Euros up to and including 1,090 Euros 14.80 Euros, over 1,090 Euros up to and including 1,820 Euros 16.10 Euros, over 1,820 Euros up to and including 3,630 Euros 17.90 Euros, over 3,630 Euros up to and including 5,450 Euros 21.50 Euros, over 5,450 Euros up to and including 7,270 Euros 26.60 Euros, over 7,270 Euros up to and including 10,170 Euros 35.10 Euros,
over 10,170 Euros up to and including 34,820 Euros, an additional 2.70 Euros for each commenced additional 1,450 Euros, an additional 4.20 Euros for each commenced additional 1,450 Euros, over 34,820 Euros up to and including 36,340 Euros, an additional 4.20 Euros , over 36,340 Euros up to and including 363,360 Euros, additionally 0.1 per mille of the excess amount over 36,340 Euros, over 363,360 Euros, additionally 0.05 per mille of the excess amount over 363,360 Euros,
however, never more than 312.20 Euros or never more than 225.20 Euros in collective redress proceedings according to Sections 623 et seq. ZPO. however, never more than 208.20 Euros or never more than 225.20 Euros in collective redress proceedings according to Sections 623 et seq. ZPO.
Note on Tariff Item 1:
In enforcement proceedings concerning movable tangible assets and monetary claims, the remuneration for the application for enforcement or the application of the enforcing creditor according to Tariff Item 3A Section I (2) also covers all pleadings of the enforcing creditor falling under Tariff Item 1 and filed within ten months after the approval of the enforcement.
Tariff Item 2
I. For the following pleadings:
1. in civil proceedings:
a) declarations of intervention according to Section 628 ZPO and statements thereto;
b) balance claims, loan claims, claims for payment of the purchase price of movable goods or remuneration for work and services, claims for payment of insurance premiums or contributions to corporations, claims for payment of rent, actions and applications according to Section 549 ZPO, bill of exchange actions and cheque law recourse actions, provided that a brief presentation of the facts is possible;
c) replies to actions, objections to default judgments, objections to payment orders and objections to payment mandates as well as to injunctions according to Section 549 ZPO, insofar as these pleadings do not fall under Tariff Item 1 and are limited to merely contesting the statements in the action and to the application for dismissal of the action or for annulment of the payment or injunction order; furthermore, replies to actions, objections to default judgments, objections to payment orders and objections to payment mandates as well as to injunctions according to Section 549 ZPO, provided that they relate to actions according to lit. b, do not fall under Tariff Item 1, and a brief presentation of the facts and circumstances on which the objections, applications, and defenses of the defendant party are based is possible.
d) terminations and applications according to Section 567 of the Code of Civil Procedure as well as objections thereto, if these pleadings are limited to citing or contesting the grounds for termination and do not contain a statement of facts;
e) other pleadings not mentioned in Tariff Item 1 or 3;
2. in enforcement proceedings:
for all pleadings not mentioned in Tariff Item 1 or 3;
3. in non-contentious proceedings:
a) brief submissions for entries in the land register or public registers;
b) applications for the initiation of proceedings for the invalidation of documents;
c) deposit requests and disbursement applications;
d) applications initiating proceedings, provided that a brief presentation of the facts is possible;
e) statements on applications initiating proceedings that are limited to merely contesting the allegations in the application and the request for dismissal;
f) other pleadings not mentioned in Tariff Item 1 or 3;
4. in insolvency and restructuring proceedings:
for all pleadings of a creditor not mentioned in Tariff Items 1 or 3:
for an assessment basis
up to and including 40 Euros 17.90 Euros,
over 40 Euros up to and including 70 Euros 26.60 Euros,
over 70 Euros up to and including 110 Euros 35.10 Euros,
over 110 Euros up to and including 180 Euros 38.70 Euros,
over 180 Euros up to and including 360 Euros 43.70 Euros,
over 360 Euros up to and including 730 Euros 52.50 Euros,
over 730 Euros up to and including 1,090 Euros 69.80 Euros,
over 1,090 Euros up to and including 1,820 Euros 78.60 Euros,
over 1,820 Euros up to and including 3,630 Euros 87.00 Euros,
over 3,630 Euros up to and including 5,450 Euros 104.60 Euros,
over 5,450 Euros up to and including 7,270 Euros 130.20 Euros,
over 7,270 Euros up to and including 10,170 Euros 173.80 Euros,
over 10,170 Euros up to and including 34,820 Euros
for each commenced additional 1,450 Euros
an additional 17.90 Euros,
over 34,820 Euros up to and including 36,340 Euros
an additional 17.90 Euros,
over 36,340 Euros up to and including 363,360 Euros
additionally from the excess amount
over 36,340 Euros 0.5 per mille,
over 363,360 Euros
additionally from the excess amount
over 363,360 Euros 0.25 per mille,
however, never more than 1,558.20 Euros
II. for the following hearings:
1. in civil proceedings:
a) (Note: repealed by Federal Law Gazette I No. 93/2003)
b) hearings that are extended before a negotiation has taken place;
c) hearings that, before the facts have been discussed, lead to a default, acknowledgment, or waiver judgment or to the conclusion of a settlement;
d) hearings that have been ordered solely for the purpose of concluding a settlement;
e) hearings before the requested or appointed judge where the taking of evidence did not take place due to the non-appearance of the persons to be heard;
2. in enforcement proceedings:
a) hearings where the parties are merely heard outside the main hearing and which do not serve the purpose of taking evidence, insofar as they do not fall under Tariff Item 3;
b) (Note: repealed by Federal Law Gazette I No. 68/2005)
3. in non-contentious proceedings:
a) hearings that are extended before a negotiation has taken place;
b) hearings that serve solely for the conclusion of a settlement;
c) hearings before the requested or appointed judge where the taking of evidence did not take place due to the non-appearance of the persons to be heard;
4. in insolvency and restructuring proceedings:
Hearings where the lawyer appears as a representative of the creditor:
for the first hour of each hearing, the remuneration fixed in Section I, however, never more than 1,039.70 Euros, for each additional, even if only commenced, hour of a hearing, half of this remuneration, however, never more than 520 Euros.
Notes on Tariff Item 2:
1. (Note: repealed by Federal Law Gazette No. 519/1995)
2. For the waiting time for a hearing mentioned in Tariff Item 2, after half an hour of waiting time until the official act is performed, one quarter of the remuneration according to Tariff Item 2 is due for each additional, even if only commenced, half hour, however, never more than 6 Euros (Note 15) for half an hour. For the waiting time for a daily rate mentioned in tariff item 2 after half an hour of waiting time until the official act is carried out, a quarter of the remuneration according to tariff item 2 is due for each additional, even if only started, half hour, but never more than 6 euros (Note 15) for half an hour. 3. If the lawyer has appeared for a daily rate mentioned in tariff item 2, the cancellation of which he was not informed in time or which was not held due to a lack of proof of delivery, half of the remuneration according to tariff item 2 is due, but never more than 11.90 euros. III. In association action proceedings for redress pursuant to §§ 623 ff. ZPO, the remuneration set out in Section I is due for the pleadings mentioned in Section I Z 1 and for the first hour of the daily rates mentioned in Section II Z 1, but never more than 1 068.70 euros; for each additional, even if only started, hour of a daily rate, half of this remuneration is due, but never more than 534.40 euros.
Tariff item 3
A
I. For the following pleadings:
1. in civil proceedings:
a) Actions, insofar as they do not fall under tariff item 2;
b) Responses to actions, objections to default judgments, objections to payment orders and objections to orders for payment as well as to cease and desist orders pursuant to § 549 ZPO, insofar as these pleadings fall neither under tariff item 1 nor under tariff item 2;
c) Terminations and applications pursuant to § 567 of the Code of Civil Procedure as well as objections thereto, insofar as they do not fall under tariff item 2;
d) Preparatory pleadings that are permissible under § 257 para. 3 of the Code of Civil Procedure or are ordered by the court;
e) Applications for the preservation of evidence;
2. in enforcement proceedings:
Applications for a declaration of enforceability of files and documents that have been drawn up abroad, if they are combined with an enforcement application, and objections to the declaration of enforceability.
3. in non-contentious proceedings:
a) pleadings initiating proceedings, insofar as they do not fall under tariff item 2;
b) statements on pleadings initiating proceedings, insofar as they do not fall under tariff item 2;
c) ordered pleadings and pleadings that contain factual submissions, insofar as a brief presentation of the facts is not possible in each case or the submission is limited to the mere denial and the application for dismissal;
4. in insolvency and restructuring proceedings:
a) Applications for the opening of restructuring proceedings with self-administration and for the initiation of restructuring proceedings;
b) Pleadings in which a right of segregation or a right of separation is asserted;
5. in all proceedings:
a) Applications for the issuance of interim injunctions, statements by the opponent of the endangered party on such applications and objections to the approved interim injunction;
b) Cost appeals and cost appeal responses:
with an assessment basis
up to and including 40 euros 35.10 euros,
over 40 euros up to and including 70 euros 52.50 euros,
over 70 euros up to and including 110 euros 69.80 euros,
over 110 euros up to and including 180 euros 76.80 euros,
over 180 euros up to and including 360 euros 87.00 euros,
over 360 euros up to and including 730 euros 104.60 euros,
over 730 euros up to and including 1 090 euros 92.70 euros,
over 1 090 euros up to and including 1 820 euros 139.10 euros,
over 1 820 euros up to and including 3 630 euros 156.20 euros,
over 3 630 euros up to and including 5 450 euros 173.80 euros,
over 5 450 euros up to and including 7 270 euros 208.20 euros,
over 7 270 euros up to and including 10 170 euros 260.20 euros,
over 10 170 euros up to and including 34 820 euros
for each additional 1 450 euros commenced, 35.10 euros more,
over 34 820 euros up to and including 36 340 euros
35.10 euros more,
over 36 340 euros up to and including 363 360 euros
in addition from the additional amount
over 36 340 euros 1 per mille,
over 363 360 euros
in addition from the additional amount
over 363 360 euros 0.5 per mille,
but never more than 20,770.60 euros;
II. for the following daily rates:
1. in civil proceedings and in non-contentious proceedings:
for all daily rates, insofar as they do not fall under tariff item 2;
2. in enforcement proceedings:
a) Daily rates with taking of evidence;
b) Daily rates in which several parties or participants not represented by the same lawyer participate or in which conflicting applications are negotiated:
for the first hour of each daily rate, the remuneration set out in Section I, but never more than 13 860.20 euros, for each additional, even if only started, hour of a daily rate, half of this remuneration, but never more than 6 930.20 euros.
III. For participation in the assessment by experts, the remuneration set out in Section II is due in all proceedings, provided that the involvement of the parties’ representatives takes place on the express order of the court.
IV. In association action proceedings for redress pursuant to §§ 623 ff. ZPO, the remuneration set out in Section I is due for the pleadings mentioned in Section I Z 1 and 5 and for the first hour of the daily rates mentioned in Section II Z 1, but never more than 2 123.70 euros; for each additional, even if only started, hour of a daily rate, half of this remuneration is due, but never more than 1 061.90 euros.
B
I. For appeals, appeal responses, insofar as these do not fall under tariff item 1, appeals on points of law and responses to appeals on points of law, insofar as they do not fall under Part A or C, as well as complaints:
with an assessment basis
up to and including 40 euros 43.70 euros,
over 40 euros up to and including 70 euros 65.40 euros,
over 70 euros up to and including 110 euros 87.00 euros,
over 110 euros up to and including 180 euros 96.00 euros,
over 180 euros up to and including 360 euros 108.60 euros,
over 360 euros up to and including 730 euros 130.20 euros,
over 730 euros up to and including 1 090 euros 173.80 euros,
over 1 090 euros up to and including 1 820 euros 195.20 euros,
over 1 820 euros up to and including 3 630 euros 216.90 euros,
over 3 630 euros up to and including 5 450 euros 260.20 euros,
over 5 450 euros up to and including 7 270 euros 325.00 euros,
over 7 270 euros up to and including 10 170 euros 433.20 euros,
over 10 170 euros up to and including 34 820 euros
for each additional 1 450 euros commenced, 43.70 euros more,
over 34 820 euros up to and including 36 340 euros
43.70 euros more,
over 36 340 euros up to and including 363 360 euros
in addition from the additional amount
over 36 340 euros 1.25 per mille,
over 363 360 euros
in addition from the additional amount
over 363 360 euros 0.625 per mille,
but never more than 25,963.20 euros;
Ia. for pleadings pursuant to § 473a ZPO, half of the remuneration set out in Section I;
II. for oral hearings on an appeal or an appeal on points of law:
for the first hour of each hearing, the remuneration set out in Section I, but never more than 25 963.20 euros,
for each additional, even if only started, hour of a hearing, half of this remuneration, but never more than 12 981.80 euros.
C
I. For revisions, revision responses, appeals on points of law, responses to appeals on points of law as well as appeals on points of law and responses to appeals on points of law to the Supreme Court:
with an assessment basis
up to and including 40 euros 52.50 euros,
over 40 euros up to and including 70 euros 78.60 euros,
over 70 euros up to and including 110 euros 104.60 euros,
over 110 euros up to and including 180 euros 115.00 euros,
over 180 euros up to and including 360 euros 130.20 euros,
over 360 euros up to and including 730 euros 156.20 euros,
over 730 euros up to and including 1 090 euros 208.20 euros,
over 1 090 euros up to and including 1 820 euros 234.40 euros,
over 1 820 euros up to and including 3 630 euros 260.20 euros,
over 3 630 euros up to and including 5 450 euros 312.20 euros,
over 5 450 euros up to and including 7 270 euros 390.00 euros,
over 7 270 euros up to and including 10 170 euros 519.60 euros,
over 10 170 euros up to and including 34 820 euros
for each additional 1 450 euros commenced, 52.50 euros more,
over 34 820 euros up to and including 36 340 euros
52.50 euros more,
over 36 340 euros up to and including 363 360 euros
in addition from the additional amount
over 36 340 euros 1.5 per mille,
over 363 360 euros
in addition from the additional amount
over 363 360 euros 0.75 per mille,
but never more than 31,155.80 euros;
II. for oral hearings on revisions or appeals on points of law:
for the first hour of each hearing, the remuneration set out in Section I, but never more than 31 155.80 euros,
for each additional, even if only started, hour of a hearing, half of this remuneration, but never more than 15 578.00 euros;
III. for oral hearings in preliminary ruling proceedings before the Court of Justice of the European Communities, twice the amount of the remuneration resulting from Section II.
Notes on tariff item 3:
1. The amounts mentioned in tariff item 3 C also include the remuneration for applications to the appellate court or court of appeal on points of law for amendment of the pronouncement on the admissibility of the legal remedy.
2. For the waiting time for a daily rate mentioned in tariff item 3 after half an hour of waiting time until the official act is carried out, a quarter of the remuneration according to tariff item 2 is due for each additional, even if only started, half hour, but never more than 17.90 euros for half an hour; the time of the court’s deliberation is to be included in the waiting time.
3. If the lawyer has appeared for a daily rate mentioned in tariff item 3, the cancellation of which he was not informed in time or which was not held due to a lack of proof of delivery, half of the remuneration according to tariff item 2 is due, but never more than 35.10 euros.
4. If the application for the issuance of interim injunctions is combined with the action, with an application initiating proceedings or with an enforcement application, an increase of 10% of the remuneration attributable to the pleading is due for applications for approval of the separated place of residence in matrimonial matters, and an increase of 25% for other applications.
5. If the suggestion to obtain a preliminary ruling by the Court of Justice of the European Communities is combined with a legal remedy pleading, an increase of 50% of the remuneration attributable to the pleading is due if the suggestion is legally justified in detail.
IV. In association action proceedings for redress pursuant to §§ 623 ff. ZPO, the remuneration set out in Section I is due for the pleadings mentioned in Section I and for the first hour of the hearings mentioned in Section II, but never more than 3 182.60 euros; for each additional, even if only started, hour of a hearing, half of this remuneration is due, but never more than 1 591.30 euros.
Tariff item 4
I.
In criminal proceedings regarding a private prosecution as well as regarding applications under the Media Act:
1. for charges
a) for misdemeanors that fall within the jurisdiction of the district courts 184.60 euros;
b) for other misdemeanors 307.60 euros;
2. for independent applications under §§ 8, 33 para. 2 and 34 para. 3 Media Act, applications under §§ 14, 16 and 39 Media Act as well as first applications under § 20 Media Act 307.60 euros;
3. for applications for the taking of evidence and for all other submissions, insofar as they do not fall under Z 4 of this tariff item or under tariff item 1:
the remuneration set for charges (applications under Z 2), but half if it concerns short and simple applications or follow-up applications under § 20 Media Act;
4. a) for written legal remedy registrations:
one tenth of the remuneration set for charges (applications under Z 2);
b) for complaints with the exception of cost complaints, for objections, for applications for reinstatement and for applications for resumption:
the remuneration set for charges (applications under Z 2);
c) for statements of appeal and for appeals on points of law as well as counter-statements thereto:
one and a half times the remuneration set for charges (applications under Z 2);
d) for cost complaints and counter-statements thereto:
the remuneration set in tariff item 2, but never more than the remuneration set for charges (applications under Z 2); the value of the object is to be calculated according to § 11;
5. for main hearings (hearings under the Media Act) or for participation in a judicial inspection or in any other taking of evidence outside the main hearing, furthermore in a judicial seizure:
for the first half hour the remuneration set for charges (applications under Z 2), for each additional, even if only started, half hour half of this remuneration;
6. for hearings of the second instance:
for the first half hour one and a half times the remuneration set for charges (applications under Z 2), for each additional, even if only started, half hour half of this remuneration;
II.) for the representation of private parties:
a) for misdemeanors that fall within the jurisdiction of the district courts:
half of the remuneration set in Section I Z 1 lit. a and Z 3 to 6;
b) for other misdemeanors and for crimes:
half of the remuneration set in Section 1 Z 1 lit. b and Z 3 to 6;
Section 1 Z 4 lit. d applies mutatis mutandis to cost complaints.
Notes on tariff item 4:
1. For the waiting time for a hearing or for the carrying out of any other official act after half an hour of waiting time until the beginning of the hearing or the official act, an amount of 9.20 euros is due for each additional, even if only started, half hour in criminal matters according to Section I Z 1 lit. a and Section II lit. a of this tariff item and an amount of 17.90 euros according to Section I Z 1 lit. b and Z 2 as well as Section II lit. b of this tariff item; the time of the court’s deliberation is to be included in the waiting time.
2. If the lawyer has appeared for a hearing or other official act, the cancellation of which he was not informed in time or which was not held due to a lack of proof of delivery, an amount of 17.90 euros is due in criminal matters according to Section I Z 1 lit. a and Section II lit. a of this tariff item and an amount of 35.10 euros according to Section I Z 1 lit. b and Z 2 as well as Section II lit. b of this tariff item.
3. If a defendant accused of a crime or a misdemeanor not falling within the jurisdiction of the district courts is only found guilty of a misdemeanor that falls within the jurisdiction of the district courts, only a remuneration according to Section I Z 1 lit. a of this tariff item is due in the cost reimbursement proceedings.
Tariff item 5
For the drafting and dispatch of simple letters (reminder letters, short reports and other short communications, invitations, acknowledgements of receipt, etc.):
with an assessment basis
up to and including 70 euros 4.20 euros,
over 70 euros up to and including 180 euros 5.60 euros,
over 180 euros up to and including 360 euros 6.30 euros,
over 360 euros up to and including 730 euros 7.50 euros,
over 730 euros up to and including 1 820 euros 9.20 euros,
over 1 820 euros up to and including 2 910 euros 10.80 euros,
over 2 910 euros
for each additional 1 450 euros commenced, 3.30 euros more, but never more than 104.60 euros.
Tariff Item 6
For the drafting and dispatch of other types of letters, with the exception of those that constitute legal opinions or contractual documents: double the remuneration set out in Tariff Item 5, but never more than 208.20 Euros.
Note on Tariff Items 5 and 6:
Furthermore, half of the remuneration according to these tariff items is due for information from the files or with the party.
Tariff Item 7
(1) For the performance of business outside the law firm, which – such as inquiries at court or another authority – are usually handled by a legal assistant, the same remuneration as under Tariff Item 6 is due for each half hour, even if only commenced, but never more than 208.20 Euros per half hour, as well as compensation for loss of time according to TP 9 Z 4; additionally, remuneration for the use of public transport may be charged. If such business was performed by a lawyer or a trainee lawyer, double the remuneration according to Tariff Item 6 is due, but a maximum of 416.10 Euros per half hour, provided that the performance of the business by the lawyer or trainee lawyer was necessary.
(2) For participation in the execution of enforcement (security) actions, which are usually performed by a lawyer or trainee lawyer, remuneration according to the last sentence of paragraph 1 is due, unless the participation by the lawyer or trainee lawyer was not necessary for special reasons.
(3) According to the last sentence of paragraph 1, remuneration is also due for business performed outside the office that does not fall under any other tariff item and is regularly carried out by a lawyer or trainee lawyer, e.g., file review at authorities, commissions to the rapporteur, conducting an out-of-court inspection for informational purposes, etc.
Tariff Item 8
(1) For consultations of all kinds, including by telephone, for each half hour, even if only commenced, the following remuneration is due:
with a basis of assessment
up to and including 70 Euros: 14.80 Euros,
over 70 Euros up to and including 180 Euros: 21.50 Euros,
over 180 Euros up to and including 360 Euros: 28.50 Euros,
over 360 Euros up to and including 730 Euros: 35.10 Euros,
over 730 Euros up to and including 1,820 Euros: 39.00 Euros,
over 1,820 Euros up to and including 20,670 Euros: 52.50 Euros,
for each additional commenced 1,450 Euros: 11.10 Euros more,
over 20,670 Euros up to and including 21,800 Euros
11.10 Euros more,
over 21,800 Euros
for each additional commenced 1,450 Euros: 5.90 Euros more,
but never more than 692.90 Euros per half hour.
(2) For consultations lasting less than ten minutes, the remuneration is four-tenths of the remuneration according to paragraph 1, but never more than 277.40 Euros.
Note on Tariff Item 8:
Very brief communications by telephone, excluding legal advice, are to be remunerated according to Tariff Item 5.
Tariff Item 9
When conducting business in court proceedings outside the location of the lawyer’s office, in addition to the remuneration for conducting the business, the following travel expenses and compensation for loss of time are due if the place where the business is conducted is more than two kilometers away from the location of the lawyer’s office:
1. as travel expenses
a) the costs of transport by public conveyance (railway, tram, bus, ship, aircraft, etc.); a lawyer or trainee lawyer is entitled to remuneration for the highest class actually used for routes traveled by railway, ship, or aircraft, and another employee of the lawyer for the next lower class actually used;
b) if public transport cannot be used at all or without significant loss of time, remuneration for a motor vehicle (car);
c) in all other cases, a travel allowance of 17.90 Euros for each commenced hour;
2. as subsistence costs, if the absence from the lawyer’s place of residence lasts at least three hours, for each day on which this condition applies, an amount customary for the locality corresponding to the cost of main meals usually falling within the period of absence;
3. as accommodation costs, if an overnight stay outside the lawyer’s place of residence is necessary, for each night an amount customary for the locality corresponding to the cost of appropriate accommodation;
4. as compensation for loss of time for each commenced hour spent traveling to or from the place of business or at that place, in addition to the time required for the business itself, an amount of 33.90 Euros.
Notes on Tariff Item 9:
1. In localities where a tram or bus connects the individual districts, the fare for these public transport means is to be reimbursed even when conducting business within the locality where the lawyer’s office is located, irrespective of the distance from the place of business.
2. When using one’s own motor vehicle (car), the same remuneration as under item 1 of this tariff item is due.
Article XVI
Implementation of Community Law
(Note: Regarding §§ 11, 23 and Annex 1, Federal Law Gazette No. 189/1969)
By this Federal Act,
1. Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15) and Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of “politically exposed person” and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of an occasional or very limited financial activity (OJ L 214, 4.8.2006, p. 29), are implemented in Article I (§§ 8a to 8f, 9, 9a and 12 RAO in conjunction with the applicable §§ 21b para. 2 and 23 RAO as well as the Federal Act of 28 June 1990, Federal Law Gazette No. 474, on the Disciplinary Law of Lawyers and Trainee Lawyers – Disciplinary Statute for Lawyers and Trainee Lawyers) and Article II (§§ 36a to 36f, 37, 37a, 49 and 154 NO in conjunction with the applicable § 117 as well as the provisions of Chapter X of the NO) as well as Article XX (§ 20 RAPG and § 20 NPG),
2. Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22) is implemented in Article III (ABAG) and Article V (§§ 24, 31, 32 and 37 EIRAG in conjunction with the applicable provisions of Chapters 3 and 4 of the EIRAG).
Article 12 Notification The content of this provision has been notified in accordance with the provisions of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 on a notification procedure in the field of technical regulations and rules on Information Society services under notification numbers 2020/547/A and 2020/548/A.
Article IV
Entry into Force, Transitional Provision
(Note: Regarding §§ 1, 10, 11, 12, 14, 23, 23a and 25 and Annex 1, Federal Law Gazette No. 189/1969)
1. This Federal Act shall enter into force on January 1, 2002.
2. Articles I items 1 to 14 and 16 to 23 (§§ 1, 10, 11, 12, 14, 23, 23a and 25 as well as TP 1, TP 2, TP 3 A, TP 3 B, TP 3 C, TP 3, TP 4, TP 5, TP 6, TP 7, TP 8 and TP 9 of the Lawyers’ Tariff Act) shall apply to services rendered by lawyers after December 31, 2001.
3. Article I item 15 (TP 3 D Lawyers’ Tariff Act) shall apply to proceedings in which the divorce petition is filed with the court after December 31, 2001.
4. (Note: concerns other legal provisions)
5. (Note: concerns other legal provisions)
Article V
Entry into Force, Transitional Provisions
(Note: Regarding §§ 9 para. 3, 10 and 16 as well as TP 1, TP 2, TP 3B TP 3C, TP 3D and Note 5 to TP 3, Federal Law Gazette No. 189/1969)
1. (Note: Entry into force provision)
2. to 7. (Note: concern other legal provisions)
8. Article II items 1 to 7 and 9 (§§ 9 para. 3, 10 and 16 as well as TP 1, TP 2, TP 3 B, TP 3 C and Note 5 to TP 3 of the Lawyers’ Tariff Act) shall apply to services rendered by lawyers after May 31, 1999.
9. Article II item 8 (TP 3D Lawyers’ Tariff Act) shall apply to proceedings in which the divorce petition was filed with the court after May 31, 1999.
10. and 11. (Note: concern other legal provisions)
Transitional Provisions
(Note: Regarding §§ 3, 4, 5, 7, 8, 10, 11, 12, 16, 22, 23 and Annex 1, Federal Law Gazette No. 189/1969)
§ 2
(1) This Federal Act shall – unless otherwise provided hereinafter – also apply to proceedings that became pending before its entry into force.
(2) (Note: concerns other legal provisions)
(3) (Note: concerns other legal provisions)
(4) §§ 3, 4, 5 para. 1, 7, 8, 10 items 2 and 3, 11, 12, 16, 22 and 23 as well as Tariff Item 1, Tariff Item 2 and Tariff Item 3, including the notes to Tariff Item 3 of the Lawyers’ Tariff Act in the version of this Federal Act, shall only apply if the matter became pending after December 31, 2004. For all proceedings that became pending before that date, these provisions shall continue to apply in their previously valid version.
(Note: Regarding § 23a, Federal Law Gazette No. 189/1969)
§ 2
Articles 4 and 5 shall apply to submissions filed with the court after December 31, 2006.
(Note: Regarding Annex 1, Federal Law Gazette No. 189/1969)
§ 13
Tariff Item 4 Section I item 4 lit. d RATG (Art. 9) shall apply to proceedings concerning cost complaints in which the cost complaint was filed with the court after December 31, 2009.
(Note: Regarding § 16 and Annex 1, Federal Law Gazette No. 189/1969)
§ 15
The gender-specific terms used in this Federal Act refer equally to women and men, insofar as the content allows.
Article XVI
Entry into Force and Enforcement
(Note: Regarding § 23, Federal Law Gazette No. 189/1969)
(1) This Federal Act shall, unless otherwise ordered, enter into force on January 1, 2005.
(2) (Note: concerns other legal provisions)
(3) (Note: concerns other legal provisions)
(4) (Note: concerns other legal provisions)
(5) Article XII item 2 (§ 23 para. 6 RATG) and Article XIV (§ 44 DSt) shall enter into force on December 1, 2004. § 44 DSt in the version of this Federal Act shall apply to all deliveries effected after its entry into force.
(6) The Federal Minister of Justice is entrusted with the enforcement of this Federal Act.
(Note: Regarding § 11, Federal Law Gazette No. 189/1969)
§ 16. § 11 RATG (Art. XII) shall apply to all cost determination proceedings or all cost appeal proceedings in which the application for cost determination or the cost appeal was filed with the court after December 31, 2007.
(Note: Regarding Annex 1, Federal Law Gazette No. 189/1969)
§ 17. §§ 3 para. 1, 4, 8 para. 1, 9, 12 to 14 and 16 to 22 GKTG (Art. VII) shall apply to fees for activities performed after December 31, 2007; Tariff Item 2 Section I item 1 lit. c and Tariff Item 3 A Section III RATG (Art. XII) shall apply to legal services rendered after December 31, 2007.
Article 96
Entry into Force, Transitional Provisions
(Note: Regarding § 11 and Annex 1, Federal Law Gazette No. 189/1969)
1. The provisions of this section shall – unless otherwise provided hereinafter – enter into force on January 1, 2002.
2. – 25. (Note: concern other legal provisions)
26. Articles 76 (RATG) as well as 94 items 3, 6, 19 and 20 (§§ 69, 220 para. 3, 521 para. 1, 521a para. 1 ZPO) shall enter into force after the day of promulgation of this Federal Act. Article 76 (RATG) as well as §§ 521 and 521a ZPO in the version of this Federal Act shall apply if the contested decision was rendered after this date.
27. – 30. (Note: concern other legal provisions)
