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Serving documents

Austria
Austria
Flag of Austria

NB! Council Regulation (EC) No 1393/2007 has been replaced by Regulation (EU) 2020/1784 of the European Parliament and of the Council as of 1 July 2022.

Notifications made under the new Regulation can be found here!

Article 2(1) – Transmitting agencies

Click on the below link to view all competent authorities related to this Article.
List of competent authorities

Article 2(2) – Receiving agencies

Click on the below link to view all competent authorities related to this Article.
List of competent authorities

Article 2(4)(c) – Means of receipt of documents

Means of receipt available:

  • By post
  • By other delivery services (e.g. by courier)
  • By email
  • By fax

Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I

The form may be completed in German or English.

Article 3 – Central body

The central body is the Federal Ministry of Justice (Bundesministerium für Justiz).

Bundesministerium für Justiz

Museumstraße 7

1070 Vienna

Tel.: (43-1) 52152-2141

Fax: (43-1) 52152-2829

Email: team.z@bmj.gv.at

Languages: German and English.

Article 4 – Transmission of documents

Standard request forms (form in Annex I) may be completed in German or English.

Articles 8(3) and 9(2) – Particular periods set by national law for serving documents

As far as we can tell, there are currently no documents in Austrian law of the kind referred to in Articles 8(3) and 9(2).

Article 10 – Certificate of service and copy of the document served

Certificates (form in Annex I) may be completed in German or English.

Article 11 – Costs of service

No fixed fees apply.

Article 13 – Service by diplomatic or consular agents

Austria does not oppose service under Article 13(1).

Article 15 – Direct service

Service of judicial documents directly through the judicial officers, officials or other competent persons of the Member State addressed is not permitted under Austrian law.

Article 19 – Defendant not entering an appearance

Courts in Austria, notwithstanding paragraph 1, may give judgment if the conditions of paragraph 2 are met.

Austria does not propose to state a time-limit within the meaning of the last subparagraph of Article 19(4) for filing an application for relief from the effects of expiry of the time allowed for appeal.

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