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Member State case law - Austria

Please note that the original language version of this page German has been amended recently. The language version you are now viewing is currently being prepared by our translators.

This section provides you with an overview of the Austrian case law as well as a description and links to relevant case-law databases.


Online database of case law

Judgments made by Austrian courts are published in the Legal Information System of the Republic of Austria and can be found at Link opens in new windowhttp://www.ris.bka.gv.at/.

The Legal Information System (Rechtsinformationssystem – RIS) is an electronic database coordinated and operated by the Austrian Federal Chancellery. It announces in particular legislation published in the Bundesgesetzblatt (Austrian federal law gazette) and provides information about the law in the Federal Republic of Austria.

The RIS offers good web accessibility (WAI-A in accordance with WCAG 1.0).

Presentation of decisions/headlines

Supreme courts

Other courts

Case law presented with headlines

Yes

Yes

Example of headline/s:

Serial number RS0127077

Reference number 11 Os 87/11w

Date of judgment 25.8.2011

Text of the headline

Generally a headline is composed of the following elements: number of the division: 11, procedure type reference: Os, running number: 87, and year: 11. Then the date of judgment is added: 25.8.2011.

European Case Law Identifier (ECLI)

The European Case Law Identifier (ECLI) can be found under this heading. It is a unique identifier for court judgments within the EU Member States.

Formats

Judgments are available in the following formats: XML, RTF, PDF and HTML.

Courts and other institutions concerned

Supreme courts

  • Supreme Court (Oberster Gerichtshof)
  • Constitutional Court (Verfassungsgerichtshof)
  • Administrative Court (Verwaltungsgerichtshof)
  • Asylum Tribunal (Asylgerichtshof)

Courts and other institutions

  • Higher regional courts (Oberlandesgerichte) and other courts (civil and criminal cases)
  • Federal Administrative Court (Bundesverwaltungsgericht) (BVwG)
  • Regional Administrative Courts (Landesverwaltungsgerichte) (LVwG)
  • Federal Finance Court (Bundesfinanzgericht) (external)
  • Data Protection Authority (Datenschutzbehörde) (pre-2014:  Data Protection Commission (Datenschutzkommission))
  • Disciplinary Commissions (Disziplinarkommissionen), Supreme Disciplinary Commission (Disziplinaroberkommission), Appeals Tribunal (Berufungskommission)
  • Supervisory Authority for Employee Representation (Personalvertretungsaufsichtsbehörde) (pre-2014:  Supervisory Commission for Employee Representation (Personalvertretungs-Aufsichtskommission)
  • Equal Treatment Commissions (Gleichbehandlungskommissionen) from 2014
  • Equal Treatment Commissions (Gleichbehandlungskommissionen) from 2008 (external)
  • Independent administrative tribunals
  • Financial Documentation (Finanzdokumentation), Independent Finance Tribunal (Unabhängiger Finanzsenat) (external), Court of Asylum (Asylgerichtshof)(AsylGH)
  • Independent Federal Asylum Tribunal (Unabhängiger Bundesasylsenat)
  • Environmental Tribunal (Umweltsenat)
  • Federal Communications Board (Bundeskommunikationssenat)
  • Public Procurement Review Authorities (Vergabekontrollbehörden)

NB: Not all the answers below are applicable to all the above courts and tribunals

Further proceedings

Supreme courts

Other courts

Is information available on:

  • appeals?

No ☐

No ☐

  • whether a case is still pending?

No ☐

No ☐

  • the outcome of appeals?

No ☐

No ☐

  • the irrevocability of the judgment?

Only irrevocable judgments are published.

Only irrevocable judgments are published.

  • Further proceedings before:
    • another national court (Constitutional Court, etc.)?
    • the European Court of Justice?
    • the European Court of Human Rights?
  • Special summaries of the Supreme Court’s judgment indicate that proceedings before another national or international high court are pending.

Yes

Yes

Yes

No ☐

No ☐

No ☐

Publication Rules

At national level?

At the level of courts?

Are there binding rules for the publication of judgments?

Yes

Yes

Sections 15 and 15a, Supreme Court Act (OGH Act), section 48a Court Organisation Act (GOG), section 19 Asylum Tribunal Act (AsylgerichtshofG)

Supreme courts

Other courts

Are all judgments published or only a selection?

Only a selection

Only a selection

If a selection is made, what criteria are applied?

Judgments are published in full together with a summary.

Supreme Court judgments which reject an appeal without substantial reasoning are not published.

Judgments by other courts are published if their significance extends beyond the individual case.

Judgments are published in full together with a summary.

Supreme Court judgments which reject an appeal without substantial reasoning are not published.

Judgments by other courts are published if their significance extends beyond the individual case.


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.

Last update: 24/04/2018