Mutual recognition of protection measures in civil matters

Austria

Content provided by:
Austria

FINDING COMPETENT COURTS/AUTHORITIES

The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.

Austria

European cross-border procedures - European Protection Measures in civil matters


*mandatory input

Article 17 - Information made available to the public

The protection measures corresponding to the Regulation in Austrian law are in particular the interim measures on protection from domestic violence (Article 382b of the Enforcement Code (Exekutionsordnung, EO)), on protection from violence in general (Article 382c of the Enforcement Code) and on protection from interference with private life (Article 382d of the Enforcement Code). The legal provisions are as follows:

‘Protection from domestic violence

§ 382b. If one person makes continued cohabitation intolerable for the other person through physical assault, the threat of physical assault, or any behaviour which is severely damaging to the other’s mental health, the Court must, upon application from the other person:












1.

order the former to leave the residence and its immediate vicinity and

2.

prohibit the former from returning to the residence and its immediate vicinity,

if the residence serves to meet the urgent housing needs of the applicant.

Protection from violence in general

§ 382c. If one person makes continued meetings intolerable for the other person through physical assault, the threat of physical assault, or any behaviour which is severely damaging to the other’s mental health, the Court must, upon application from the other person:












1.

prohibit the former person’s presence at clearly specified locations and

2.

order that person to avoid meeting and contacting the applicant,

unless this is contrary to vital interests of the respondent.

Protection from interference with private life

§ 382d. (1) The right to lack of interference with private life can be ensured in particular via the following measures:












1.

prohibition from making personal contact with and following the vulnerable party,

2.

prohibition from making contact by letter, telephone or other means,

3.

prohibition from being present at clearly specified locations,

4.

prohibition from forwarding and disseminating the personal data and photographs of the vulnerable party,

5.

prohibition from using the personal data of the vulnerable party to order goods or services from a third party,

6.

prohibition from inducing a third party to make contact with the vulnerable party,

7.

prohibition, in particular by means of telecommunications or the use of a computer system, from bringing to the notice of a large number of people or keeping highly personal facts or images, without the consent of the vulnerable party, or defaming that party or breaching their privacy,

8.

prohibition from approaching the vulnerable party or being present at clearly specified locations within a given radius.

Article 18 (a)(i) - the authorities which are competent to order protection measures and issue certificates in accordance with Article 5

Protection measures are ordered by district courts (Bezirksgerichte). In rare cases, a protection measure can also be ordered by a regional court (Landesgericht) as a court of first instance if the main proceedings are pending before it. In the course of appeal procedures, protection measures may also be ordered by regional courts, but likewise by higher regional courts (Oberlandesgerichte) or the Supreme Court (Oberster Gerichtshof), as courts of appeal.

District courts also issue certificates concerning the protection measures they ordered. If, by way of an exception, a protection measure is ordered by a regional court, a higher regional court or the Supreme Court, then that court is also responsible for issuing the certificate. Thus, it is always the court which ordered the measure that is responsible for issuing the certificate concerning that measure.

Article 18 (a)(ii) - the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure

District courts. Under Article 420(1) of the Enforcement Code, the court with territorial jurisdiction to order the enforcement of a foreign protection measure in Austria and to decide on an application for enforcement on the basis of such a protection measure is the district court with general jurisdiction for disputes for the protected person (this is determined by place of residence). If the latter court is not in Austria, jurisdiction lies with the Vienna Inner City District Court (Bezirksgericht Innere Stadt Wien).

Article 18 (a)(iii) - the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1)

District courts are likewise competent to adjust foreign protection measures. Here, too, territorial jurisdiction is based on the general jurisdiction for disputes for the protected person (by place of residence), unless this is outside Austria, in which case the Vienna Inner City District Court has jurisdiction (Article 420(1) of the Enforcement Code).

Article 18 (a)(iv) - the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13

Under Article 420(2) of the Enforcement Code, applications for refusal of recognition or of enforcement of a foreign protection measure that are not subject to a time limit must be submitted to the district court which ordered or approved the enforcement of the protection measure.

Article 18 (b) - the language or languages accepted for translations as referred to in Article 16(1)

German is the only language which is accepted.

Last update: 06/05/2024

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.