\u00a7 5<\/strong> EuroAs a basis for calculating fee rates (\u00a7 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 \u00a7\u00a7 30 b and 30 c EStG1988 the value of the consideration within the meaning of \u00a7 5 GrEStG 1987, but if suchis not available, the land value within the meaning of \u00a7 4 GrEStG 1987 c) for other tax returns (self-assessments) the value of thetax assessment base, d) otherwise 5,500 <\/p>\n\n2. Adoption mattersthe value of the assets of the adopter,otherwise 9,300 <\/p>\n\n
3. Agricultural mattersa) for recurring services, three times the annual amountb) or the market value of the right in question,otherwise 17,300 <\/p>\n\n
4. Construction mattersa) minor 9,300 b) medium 34,600 c) Major projects 286,700<\/p>\n\n
5. Mining law matters 57,000 <\/p>\n\n
6. Tenancy mattersthree times the annual rent, otherwise<\/p>\n\n
a) for business premises 17,300b) for apartments with up to three rooms 9,300c) other apartments 14,000d) in proceedings pursuant to \u00a7 18 of the Tenancy Law Actthree times the annual amount of the rent increase.<\/p>\n\n
7. Easement and real burden mattersa) for recurringservices three times the annual amount or themarket value of the right in question,b) otherwise 9,300<\/p>\n\n
8. Employment law matters (excluding disciplinary matters)three annual salaries<\/p>\n\n
9. Electricity matters 17,300<\/p>\n\n
10. Expropriation mattersa) the asserted compensation amount,b) otherwise 5,500<\/p>\n\n
11. Fisheries mattersa) three times the annual lease,b) otherwise 17,300<\/p>\n\n
12. Forestry law matters, unless they areEnvironmental protection matters,a) for farms of a rural scale 17,300b) for large forest holdings 172,700<\/p>\n\n
13. Trade matters, unless they areEnvironmental protection matters in plant law,a) for small businesses 17,300b) for medium-sized businesses 57,000c) for larger businesses 114,000d) for large companies 286,700<\/p>\n\n
14. Industrial property rightsMatters of industrial property rightsand intellectual property law 57,000<\/p>\n\n
15. Border correction and renewal mattersa) the value of the disputed area,b) otherwise 7,200<\/p>\n\n
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 separationare to be assessed separately <\/p>\n\n
17. Hunting law mattersa) three times the annual lease,b) otherwise 34,600<\/p>\n\n
18. Cartel mattersa) Minor cartel or distribution ties 57,000b) other 229,700<\/p>\n\n
19. In matters of the Motor Vehicle Act 1967and the Driving Licence Act14,000<\/p>\n\n
20. Last willsa) the value of the assets over which is disposed,b) otherwise 7,200<\/p>\n\n
21. Real estate transactionsthe purchase price, the market value or the assessment basis permitted under the provisions applicable to notaries<\/p>\n\n
22. Media mattersa) Proceedings before the courts and commissions responsible for media matters as well as rebuttals: Fee claims pursuant to \u00a7 9 para. 1 Z2 and \u00a7 10,b) Proceedings before administrative authorities: Fee claims pursuant to \u00a7 9 para. 1 Z1 and \u00a7 10; <\/p>\n\n
23. Personal status matters 14,000<\/p>\n\n
24. Guardianship matters,with the exception of maintenance matters 7,200<\/p>\n\n
25. in matters of adult representationa) the value of the assets concerned, Austrian AHK Rechtsanwaltskammertag Stand: 01.10.2024 4 of 10b) otherwise 9,300 euros<\/p>\n\n
26. Citizenship matters 14,000<\/p>\n\n
27. Declaration of death mattersa) the value of the assets of the person to be declared dead,b) otherwise 9,300<\/p>\n\n
28. Environmental protection mattersa) in plant law, steam boiler emission and air pollution control law, forestry and water law as well asDisposal law in connection with large plants 57,000b) otherwise 17,300<\/p>\n\n
29. Copyright and publishing law matters 57,000<\/p>\n\n
30. Association mattersa) the value of the assets,b) otherwise 14,000<\/p>\n\n
31. Estate mattersa) in the case of written handling of the proceedings, assessment basispursuant to \u00a7 3 Court Commission Tariff Act,b) in the case of other representation, the value of the claim.<\/p>\n\n
32. Water law matters unless they areEnvironmental protection matters 17,300<\/p>\n\n
33. Condominium matters (excluding real estate transactions according to Z 21)a) for recurring services, three times the annual amountb) otherwise 9,300<\/p>\n\n
34. Other civil and administrative mattersa) of a very simple nature and of minor importance 5,500 eurosb) in general 21,200 eurosc) of far-reaching importance 55,500 euros<\/p>\n\n
35. Proceedings before the administrative courts due to the exercise of direct administrativeCommand and coercive power, including complaints under the Aliens Police Act 34,600<\/p>\n\n
36. Patient decrees 21,200 euros<\/p>\n\n
37. Powers of attorneya) the value of the assetsb) otherwise 21,200 euros<\/p>\n\n
\u00a7 6<\/strong>(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.<\/p>\n\n(2) A connection fee of 25 percent of the remuneration attributable to the submissioncan be charged if the granting of thesuspensive effect is requested or the exclusion of thesuspensive 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 \u00a7 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 \u00a7 23 RATG, Streitgenossenzuschlag according to \u00a7 15 RATG, ERVZuschlag according to \u00a7 23a RATG and connection fee according to note to TP 3 RATG, each ifapplicable) plus a surcharge that corresponds to the change between that for the month of themost recently enacted regulation pursuant to \u00a7 25 RATG or subsequently compared to thethe 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 \u00a7 25 RATG comes into force during the calendar year, which does notcorresponds 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 regulationusing the following calculation formula: x = (1 z\/100) \/ (1+y\/100) * 100 \u2013 100 (z = percentage of the AHK surcharge old; y = percentage of the percentage change due to the new regulation pursuant to \u00a7 25 RATG compared to the last valid regulation pursuant to \u00a7 25 RATG). (4) The first determination of the surcharge according to paragraph 3 is based on theJanuary 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).<\/p>\n\n
\u00a7 7<\/strong>(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 Streitgenossenzuschlaga) if there are only two persons represented by the lawyer or opposed to him on one side \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u202610%b) for each additional person represented by him and for each additional person opposed to him per ………………\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u20265%of the fee. (2) The approach according to TP 7\/2 (paragraph 1 last sentence) RATG can also be used for a file studycan be applied, which in terms of type and scope is used to prepare legalServices usually necessary file study significantly (within the meaning of \u00a7 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, thein-house research in connection with the provisions for the prevention ofMoney laundering and terrorist financing can be charged according to TP 7\/2 RATG. <\/p>\n\n\u00a7 8<\/strong>(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 theown 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 \u00a7\u00a7 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.<\/p>\n\nPart III – Criminal and Disciplinary Matters<\/strong><\/p>\n\n\u00a7 9<\/strong>(1) In official criminal cases due to judicially punishable acts, the following fee rates are appropriate:<\/p>\n\nEuro1. In district court proceedingsa) Main hearings 1st instancefor the first half hour 238for each additional half hour 119b) for the execution of the full appeal and theCounter-execution to this 1,188c) for the execution of the appeal only because ofPenalty and the counter-executions to this 352d) Appeal negotiations according to lit bfor the first half hour 468for each additional half hour 234e) Appeal negotiations according to lit cfor the first half hour 352for each additional half hour 176<\/p>\n\n
2. In single-judge proceedings of the Court with the exceptionof the proceedings referred to in \u00a7 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 1,188c) 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 instancefor the first half hour 396for each additional half hour 198b) for the execution of the full appeal andthe counter-execution to this 570c) for the execution of the appeal only because ofPenalty and the counter-executions to this 428d) Appeal negotiations according to lit bfor the first half hour 590for each additional half hour 286e) Appeal negotiations according to lit cfor the first half hour 428for each additional half hour 214 <\/p>\n\n
3. In jury court proceedings and in single-judge proceedings pursuant to \u00a7 61 para. 1 Z 5 StPOa) 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-executionsto 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 <\/p>\n\n
4. In sworn court proceedingsa) 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 AHKRechtsanwaltskammertag Stand: 01.10.2024 7von10c) 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 <\/p>\n\n
5. Detention proceedingsa) Negotiations 1st instancefor the first half hour 364for each additional half hour 182b) for fundamental rights complaints 786for other complaints 564c) Negotiations 2nd instancefor the first half hour 564for each additional half hour 282<\/p>\n\n
(1a) The principles of paragraph 1 also apply to participation incontradictory hearings in investigation proceedings. (2) If, in the cases of paragraph 1 item 3 or item 4, an appeal on points of nullityis lodged at the same time as an appeal, a surcharge of 20 percent on the fee ratesaccording 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 3lit b) and c) are appropriate for appeals regarding the ruling on the sentence and\/or ruling onprivate law claims, the fee rates of paragraph 1 item 3 lit d) and e) for allother appeals and appeal negotiations. Paragraph 2 does not apply. <\/p>\n\n
\u00a7 10<\/strong>(1) For services of the attorney in ex officio criminal cases due to judicially punishable acts that are not mentioned in \u00a7 9, the fee rates of TP 1 to 3 and TP 5 to 9 RATG plus asurcharge according to \u00a7 6 paragraph 3, based on the following assessment bases, are appropriate:<\/p>\n\nEuroin cases according to \u00a7 9 paragraph 1 item 1 7,800in cases according to \u00a7 9 paragraph 1 item 2 18,000in cases according to \u00a7 9 paragraph 1 item 3 27,600in cases according to \u00a7 9 paragraph 1 item 4 33,200in cases according to \u00a7 9 paragraph 1 item 5corresponding to item 1 to 4,in the absence of determinability 18,000<\/p>\n\n
(2) For the purposes of paragraph 1, the following are appropriate for the fee calculation: <\/p>\n\n
1.TP 2 RATG for the cost determination applications, written submissions with which onlypowers of attorney are submitted, waivers of legal remedies are announced, andlegal remedies are registered; very short applications or other communicationsto the court; 2.TP 3A RATG for applications, insofar as they are not to be regarded as veryshort in terms of scope or content, release applications, applications to the public prosecutor and thecourt 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 \u00a7 9,in particular objections to the indictment and complaints pursuant to\u00a7 87 StPO as well as objections pursuant to \u00a7 106 StPO. 4.TP 7\/2 RATG for visits to detained or imprisoned persons and forparticipation in interrogations and for a review of files that, in terms of type andscope, significantly exceeds the file review usually necessary for the preparation of legal services (within the meaning of \u00a7 2 paragraph 2). <\/p>\n\n
\u00a7 11<\/strong>The provisions on the unit rate pursuant to \u00a7 23 RATG can be applied mutatis mutandis; in this case, the services pursuant to \u00a7 9 also apply as a basis for calculating the unit rate.<\/p>\n\n\u00a7 12<\/strong>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.<\/p>\n\n\u00a7 13<\/strong>(1) The criteria of \u00a7\u00a7 8 paragraph 1 and 9 to 12 shall apply mutatis mutandis to services of the attorney ina) Administrative penal proceedings for infringements that are punishable by a fine of up to 730 euros, pursuant to \u00a7 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 \u00a7 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 \u00a7 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 \u00a7 9 paragraph 1 item 4;e) Financial penal proceedings, insofar as they do not fall within the jurisdiction of the ordinary courts, pursuant to \u00a7 9 paragraph 1 item 3;f) Disciplinary proceedings, depending on the severity of the accusation, pursuant to \u00a7 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) \u00a7 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. <\/p>\n\nIV. Part – Other Provisions<\/strong><\/p>\n\n\u00a7 14<\/strong>(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.<\/p>\n\n\u00a7 15<\/strong>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.<\/p>\n\n\u00a7 16<\/strong>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.<\/p>\n\n\u00a7 17<\/strong>(1) The provision of \u00a7 16 RATG on the separate reimbursement of allexpenses including sales tax also applies to those services whose remunerationis 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.<\/p>\n\n\u00a7 18<\/strong>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.<\/p>\n\n\u00a7 19<\/strong>The AHK are to be made permanently available on the homepage of the Austrian Bar Association (http:\/\/www.rechtsanwaelte.at).<\/p>\n\nV. Part – Final Provisions<\/strong><\/p>\n\n\u00a720<\/strong> \u00a7 6 paragraph 1 and paragraph 3 to 5 as well as \u00a7 10 paragraph 1 in the version of resolution no. 1\/2023 come into force on March 15, 2023.<\/p>\n\n <\/p>\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"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 …","protected":false},"author":1,"featured_media":0,"parent":39456,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_uag_custom_page_level_css":"","footnotes":""},"categories":[321],"tags":[],"class_list":["post-39467","page","type-page","status-publish","hentry","category-office"],"acf":[],"uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false,"336x":false,"352x":false,"woocommerce_thumbnail":false,"woocommerce_single":false,"woocommerce_gallery_thumbnail":false,"yarpp-thumbnail":false},"uagb_author_info":{"display_name":"Peter Harlander","author_link":"https:\/\/harlander-partner.eu\/en\/author\/secondpromotion\/"},"uagb_comment_info":0,"uagb_excerpt":"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 ...","_links":{"self":[{"href":"https:\/\/harlander-partner.eu\/en\/wp-json\/wp\/v2\/pages\/39467","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/harlander-partner.eu\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/harlander-partner.eu\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/harlander-partner.eu\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/harlander-partner.eu\/en\/wp-json\/wp\/v2\/comments?post=39467"}],"version-history":[{"count":0,"href":"https:\/\/harlander-partner.eu\/en\/wp-json\/wp\/v2\/pages\/39467\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/harlander-partner.eu\/en\/wp-json\/wp\/v2\/pages\/39456"}],"wp:attachment":[{"href":"https:\/\/harlander-partner.eu\/en\/wp-json\/wp\/v2\/media?parent=39467"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/harlander-partner.eu\/en\/wp-json\/wp\/v2\/categories?post=39467"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/harlander-partner.eu\/en\/wp-json\/wp\/v2\/tags?post=39467"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}