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.
The courts with competence to deal with applications under Article 45(1) are the District Courts (Bezirksgerichte).
The competent court to deal with appeals against decisions on such applications under Article 50(2) is the higher Regional Court (Landesgericht), via the District Court that issued the decision.
Appeals against points of law (Revisionsrekurs) are made to the Supreme Court (Oberster Gerichtshof) via the District Court that issued the decision as the court of first instance.
The European Certificate of Succession is issued by the District Court (by the court commissioner - Gerichtskommissär, i.e. a notary acting as a judicial authority).
The District Court judge also rules on complaints from parties who believe that the certificate of succession issued contains errors. An appeal against the judge's decision can be lodged, within 14 days of notification, at the higher Regional Court via the District Court that issued the decision as the court of first instance.
If the court commissioner has doubts whether the Certificate of Succession can be issued as requested, he or she will refer the application to the judge; the judge will then decide whether and how the court commissioner should issue the certificate.
In Austria, there are no other authorities or legal professions with jurisdiction in this area within the meaning of Article 3(2).
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Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.