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A Short Guide an Austrian Courts

A Short Guide on Austrian Courts

Updated on Thursday 23rd March 2017

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A-Short-Guide-on-Austrian-Courts.jpgAustria has a civil law legal system with a clear division between courts that deal with public law matters and the other courts of ordinary jurisdiction. Austria is a federal republic composed of nine lands. Federal laws regulate matters related to civil law, criminal law, corporate and economic law. The states are allowed to regulate their own issues concerning zoning and planning codes, the manner in which certain taxes are levies and issues concerning nature protection.
Ordinary courts, regional and district courts exist in Austria. The Supreme Court of Justice is the highest instance for civil and criminal proceedings.
Commercial and business litigation is handled in specialized courts. If needed, one of our lawyers in Austria is able to help represent you in court.

The Supreme Court of Justice in Austria

The Supreme Court of Justice is the final instance for civil and criminal proceedings and the final institution of ordinary jurisdiction. In civil cases, including but not limited to those that may concern a foreign investor in Austria, the Supreme Court decides on all appeals. In order for an appeal to be admitted by the Supreme Court is must exceed 4,000 EUR.
The Constitutional Court and the Administrative Court deal with matters arising from public law. One of the experts at our law firm in Austria can help you deal with issues concerning public law.

Courts of ordinary jurisdiction in Austria

Matters regarding the private law, criminal law, and competition law are dealt with by the courts of ordinary jurisdiction. The district courts of first instance deal with cases below 10,000 EUR: for example family law matters or some real estate matters such as renting property in Austria.
The courts of the second instance hear those cases that were first brought before a district court. an appeal must be made to the regional court and, if this court already issued its decision in the first instance, the appeal is made before a province court.
Investors in Austria who are interested in knowing more about the commercial code, the competition law, the civil code or other legal matters can contact the experts at our law firm in Austria


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