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Court fees concerning Small Claims procedure - Austria

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This page provides information on the Austrian court fees.


Introduction

What are the fees?

How much do I have to pay?

What happens if I don't pay court fees in time?

How can I pay the court fees?

What do I need to do after the fees have been paid?

Introduction

Under Regulation (EC) 861/2007 establishing a European Small Claims Procedure, the document instituting the proceedings is referred to as a ‘action’, as also provided for in national law. The Austrian law on court fees therefore does not provide for a separate national rule for an action under this Regulation. The complaint and the subsequent proceedings at first instance are governed by tariff post 1 (TP 1) of the Court Fees Act (GGG), which is intended for all national civil proceedings.

What are the fees?

Under Note 1 of tariff post 1 GGG, in proceedings relating to claims in the European Small Claims Procedure, tariff post 1 of the Court Fees Act is to be applied at first instance. That flat-rate fee shall be payable irrespective of whether or not the procedure is completed. There are reductions only in the event of immediate withdrawal or rejection of the claim before service on the opposing party (to one quarter; Note 3 to TP 1 GGG) or if the case is legally compared in the first hearing (half; Note 2 to TP 1 GGG). In the Austrian system of court fees, in principle, in civil proceedings at first instance only the submission instituting the proceedings, in this case the action in the European Small Claims Procedure, is subject to a fee. No additional court fees are payable for the further proceedings at first instance.

In accordance with Section 2(1)(a) of the GGG, the fee is payable upon submission (receipt) of the claim in the European Small Claims Procedure to the court (and, in the case of subsequent extension of the claim, upon receipt of the pleading or at the hearing with minutes of the extension of the claim or a settlement going beyond the subject-matter of the claim). The fee must be paid on that date. At the latest by that date, an application for exemption from the court fee must also be made by way of legal aid (in Austria: Legal aid) in so far as the conditions are met.

The request for a review under Article 18 of the Regulation shall be free of charge.

How much do I have to pay?

The amount of the court fees at first instance is determined on the basis of the value of the subject-matter of the dispute (the value of the claim raised in the action and subsequently by the extension of the action) and the number of parties. For illustrative purposes, the tariff according to tariff post 1 GGG (as of 1 August 2017; here is a full picture of the current situation: Link opens in new windowCourt Fees Act):

Tariff item 1

Value of the claim

Amount of fees

until

EUR 150

EUR 23

via

EUR 150 up to

EUR 300

EUR 45

via

EUR 300 up to

EUR 700

EUR 64

via

EUR 700 up to

EUR 2000

EUR 107

via

EUR 2000 up to

EUR 3500

EUR 171

via

EUR 3500 up to

EUR 7000

EUR 314

via

EUR 7000 up to

EUR 35000

EUR 743

via

EUR 35000 up to

EUR 70000

EUR 1459

via

EUR 70000 up to

EUR 140000

EUR 2919

via

EUR 140000 up to

EUR 210000

EUR 4380

via

EUR 210000 up to

EUR 280000

EUR 5840

via

EUR 280000 up to

EUR 350000

EUR 7299

via

EUR 350000

1,2 % of the value of the claim plus EUR 3488

In the case of more than two parties, a multi-party surcharge under § 19a GGG may be added (of 10-50 %).

What happens if I don't pay court fees in time?

Under Section 31 of the GGG, in the event of late payment, a fixed additional amount of EUR 22 (as of 1 August 2017) is currently due. However, the late payment of the court fee has no bearing on the conduct of the civil proceedings themselves. The intervention of the court does not depend on the payment of court fees and is entirely independent of it.

The collection of court fees by the court authority is governed by the Judicial Transfer Act (Judicial Transfer Act, JEG). If, as a result of non-payment, it is necessary for the court authority to issue a payment order (enforcement order for court fees) in accordance with Section 6a of the GEG, a collection fee of currently (as of 1 January 2014) amounts to EUR 8.

How can I pay the court fees?

The methods of payment are laid down in Section 4 of the Court Fees Act, Which provides that the fees can be paid by bank cards with a Bankomat function or credit cards, by transfer or paying in of the amount to the account of the competent court, or in cash at the competent court. The relevant bank details of the court are published on the website of the Link opens in new windowFederal Ministry of Justice (under the tab “courts”).

In addition, all fees may also be paid by debit and collection if the court (or, more generally, the Austrian judiciary) is authorised to collect the court fees on a judicial account in respect of an account to be disclosed by the party liable for payment. The entry (claim in the European Small Claims Procedure) in this case must indicate the account from which the fees are to be collected and the authorisation to collect the fees (e.g. by indicating the acronym ‘Fee collection!’ or ‘AEV!’). It may also, if it so wishes, fix a maximum amount to be debited if the authorisation is to be limited (Sections 5 and 6 of the Debiting and Recovery Regulation).

When an action is brought in the European Small Claims Procedure through electronic justice, the fees must be paid by debiting and collecting them. In this case no maximum amount to be withdrawn may be specified.

What do I need to do after the fees have been paid?

If the Federal Government’s claim to court fees is based on the submission of the entry – in this case the claim in the European Small Claims Procedure – and no recovery authorisation is granted, proof of payment of the fees must be provided by attaching the proof of payment (transfer) to the entry (Section 4 GGG). The Federal Accounting Agency shall inform the judicial authority of the entry of goods in the court account when the prescribed fees are paid by using bank cards, credit cards, deposit or transfer to the account of the competent court, as well as debiting and recovering them from the party account only at a later stage. Proof of (full) payment closes the procedure for the imposition of court fees.

In the event of overpayment, there is a right to reimbursement of court fees overpaid (Section 6c(1)(1) of the GEG), which can be claimed within five years.


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Last update: 30/04/2020