Appeals—Austria—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Appeals—Austria—Q&A guide
  • 1. Outline and explain the general structure of your country’s court system as it relates to the commercial appellate process.
  • 2. Are there appellate courts that hear only civil matters?
  • 3. Are appeals from administrative tribunals handled in the same way as appeals from trial courts?
  • 4. Is there a separate appellate bar or other requirement for attorneys to be admitted before appellate courts?
  • 5. If separate jurisdictions exist for particular territorial subdivisions or subject matters, explain their main differences as to commercial appeals.
  • 6. What are the deadlines for filing an appeal in a commercial matter?
  • 7. What are the key steps a litigant must take to commence an appeal?
  • 8. How is the documentation for appeals prepared?
  • 9. In commercial matters, may litigants appeal by right or is appellate review discretionary?
  • More...

Appeals—Austria—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to appeals in Austria published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2021).

Authors: Heinisch Weber Rechtsanwälte—Lukas Weber; Katrin Heinisch

1. Outline and explain the general structure of your country’s court system as it relates to the commercial appellate process.

Civil and commercial law disputes, including insolvency proceedings, fall within the jurisdiction of the civil-court system. All civil courts are federal.

There are four levels of civil courts:

  1. 116 district courts;

  2. 20 regional courts;

  3. four courts of appeals; and

  4. one Supreme Court.

There are, however, a maximum of three stages of proceedings; either district courts or superior courts serve as courts of first instance, depending on the nature of the claim (eg, divorce law, child maintenance,  action for trespass or tenancy law) and the amount in dispute (below €15,000 district courts, above this regional courts).

Regional courts or courts of appeals serve as appellate courts, depending on whether the court of first instance was a district court or a regional court. In limited cases where a third stage of appeal is admitted, the Supreme Court in Vienna always serves as last resort.

Within the court system there are some highly specialist judges and panels of judges responsible for handling certain kinds of disputes (eg, commercial law, civil law, labour law or family law).

2.

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