European payment order

Austria

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Austria

FINDING COMPETENT COURTS

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 payment order


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Article 29(1)(a) - Courts with jurisdiction

For applications for the issue of a European order for payment, only the Vienna Commercial Court has jurisdiction (§ 252(2) of the Austrian Code of Civil Procedure).

Article 29(1)(b) - Review procedure

Procedurally, applications for review under Article 20(1) and (2) are treated as applications for restitutio in integrum. However, a decision granting an application under paragraph 2 is appealable (§ 252(5) of the Austrian Code of Civil Procedure).

Article 29(1)(c) - Means of communication

Submissions in the European order for payment procedure may be made either in paper form or electronically using WebERV (web-based electronic justice). In principle WebERV is open to all natural and legal persons. The technical prerequisites for this are special software and the existence of a transmitting agency. A list of current transmitting agencies can be found at http://www.edikte.justiz.gv.at/edikte/km/kmhlp05.nsf/all/erv.

Submission via fax or e-mail is not possible.

Article 29(1)(d) - Accepted languages

German is the accepted language in accordance with Article 21(2)(b).

In addition to the official language (German), Austrian nationals and nationals of countries that are party to the Agreement on the European Economic Area may use Hungarian before the district courts of Oberpullendorf and Oberwart, Slovenian before the district courts of Ferlach, Eisenkappel and Bleiburg, and Croatian before the district courts of Eisenstadt, Güssing, Mattersburg, Neusiedl am See, Oberpullendorf and Oberwart.

Last update: 19/09/2017

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.

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