Court Fees Amendment 2014 - Ggn 2014

Original Language Title: Gerichtsgebühren-Novelle 2014 – GGN 2014

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19. Federal Act to amend the Law of the Court Fees and the Judicial Introduction Act (Courts for the Court of Justice 2014-GGN 2014)

The National Council has decided:

Article 1

Amendment of the Court Fees Act

The court fee law, BGBl. No 501/1984, as last amended by BGBl. I No 69/2014, shall be amended as follows:

1. In § 2 Z 1 lit. h cede the expression " , g " .

2. § 2 Z 1 lit. i is:

" (i)

for those in the tariff post 12 lit. (d) the non-contentious procedure referred to above, for which 12 lit in the case of a collective agreement. h Z 2 procedures carried out at the end of six months from the date of notification of the order decision or respectively after the end of the further twelve months; for the 12 lit in the tariff post. i Z 2 procedures carried out with the expiry of five months from the appointment of the family court aid or, respectively, after the expiry of the further three months; "

3. The following half-sentence is added to § 2 Z 4:

" In the cases of self-calculation of the basic advertising tax (§ 11 Grunderwerbsteuergesetz 1987), the Federal Minister of Justice can determine, in accordance with the technical possibilities with regulation (Article 26a (3)), that the federal government's claim to the Registration fee according to the tariff post 9 lit. b Z 1 shall be justified on the date of the maturity of the basic value tax; "

4. The following paragraph 7 is added to § 4:

" (7) The Federal Minister of Justice may order, in accordance with the technical possibilities with Regulation (Article 26a (3)), that the judicial registration fee must be paid at the tax office responsible for the collection of the tax. (Self-calculation according to § 11 Grunderwerbsteuergesetz 1987). If, in such a case, the registration fee has not been paid at the tax office or at too low a level, the tax office shall inform the institution of the tendering authority; the shortfall shall be submitted in accordance with the provisions of the GEG. The competent tax office shall forward the paid registration fees to a judicial account within a period of three months. On request, the Office of the Treasury shall have access to the files of the tax procedure relating to the advance and payment of the real estate tax, to the Office of the Prefend Authority. The provisions on the understanding, the forwarding of the registration fees and the insight can be regulated in the regulation in accordance with Article 26a (3). "

5. The heading before § 23 reads:

" II. Fees for decisions and comparisons of maintenance claims and property rights in out-of-dispute settlement procedures "

6. § 26 (2) the following sentence is added:

" If the payment of the court fees in the case of self-calculation (§ 11 Grunderwerbsteuergesetz 1987) is provided to the competent tax office (§ 4 para. 7) at the time of the due date of the basic advertising tax (§ 2 Z 4 second half-sentence), the According to Article 26a (3), the extent to which this information may be waited shall be regulated. "

7. In Article 26 (4), the following sentence shall be inserted after the first sentence:

"The same is true for an audit on the occasion of a fee revision."

8. According to Article 26 (4), the following paragraph 4a is inserted:

" (4a) If the payment of the court fees in the case of self-calculation (§ 11 Grunderwerbsteuergesetz 1987) is provided to the competent tax office (§ 4 para. 7) at the time of the due date of the basic advertising tax (§ 2 Z 4 second half-sentence) and places the incorrectness of the information contained in the declaration of self-calculation in accordance with § 12 of the Basic Value Tax Act 1987-for example on the occasion of a fee revision, on the basis of a communication from the financial office (§ 16 Grunderwerbsteuergesetz 1987) or a tax-administrative procedure relating to the self-calculated tax, , the registration fee shall be reassessed on its own account, even if the inaccuracy of the information is not established until after the entry of the legal force of the charge-charging procedure. In the cases of Section 303 (1) of the BAO, the shortfall can also be demanded after the expiry of the period of limitation (§ 8 GEG). If the Bureau of Management finds that the tax base specified in the self-calculation declaration in accordance with Article 12 of the Basic Value Tax Act 1987 appears to be incorrect, it shall have the competent tax office without any unnecessary delay. "

9. The following sentences are added to Article 26a (1):

" The question of whether a transfer has been granted shall be based on the relationship between the registered person and the person who is to be registered for the benefit of that person. A favourable transfer shall also be made where any acquisition in the chain of work leading to the entry in the land register shall take place between persons in which the conditions for the transfer of benefits are provided for. "

10. In § 28, the Z 8 is deleted.

11. In the section title before § 30, the word order is deleted "Reimbursement of fees" .

Article 30 (2) reads as follows:

"(2) If the performance of an official act depends on the payment of the fee, the obligation to pay shall be waived if the official act is not followed in the sequence."

13. In § 30, the following paragraph 2a is inserted after paragraph 2:

" (2a) If the Federal Government's claim to the registration fee is based on the date on which the real estate tax is due (§ 2 Z 4, second half-sentence), the obligation to pay shall expire if the registration of the basic book has not been made. The party which has paid the fees may request the repayment of the fee if it submits a certificate from the tax office responsible for the collection of the tax, that the registration fee has been paid to the tax office. If, after the repayment of the fee, the registration is effected, the fee shall be payable on the date referred to in § 2 Z 4, first half-sentence; in this case the fee shall be introduced in accordance with the provisions of the GEG. "

14. § 30 (3) to (4).

15. In Section 31a (1), the turn "Note 1a and 6 to the tariff post 9 and note 1a to the tariff post 10" through the turn "Note 1a and 6 to subheading 9, note 1a to subheading 10 and note 3a to the tariff post 12" replaced.

16. In tariff post 4, after note 7, the following note 8 is added:

" 8. In entertainment executive proceedings, which also refer to the introduction of maintenance claims of underage children, the operating party is of the obligation to pay the court fees according to the tariff post 4 and the tariff post. 12a, and the obligation to pay shall be subject to the obligation of the party to which it is liable in accordance with § 21.

17. In subheading 5, note 1a, the following sentence shall be added:

" Creditors of maintenance requirements of underage children shall not be subject to a fee obligation according to the rate of tariff post 5 lit. b. "

18. In the tariff post 7 lit. c Z 1 shall be after the word "Legal actions" the word "Full-year" inserted.

19. In the tariff post 7 lit. c Z 2 shall be after the word "Pflegschaftsinvoice" the word "Full-year caregiver" inserted.

20. In tariff post 7, note 7, the expression shall be: "Note 3a to the tariff post 12" by the expression "Note 3b to the tariff post 12" replaced and the following sentence added: "In all instances, minors shall not be subject to any obligation to pay maintenance and maintenance fees." .

21. In tariff post 7 Note 7a the following sentence is added:

"In all instances, minors shall not be subject to any obligation to pay."

22. In tariff post 7 Note 8, the amount of "4 414 Euro" by the amount of "20 000 euro" , the text of the text reads as follows: "(§ § 229, 276 ABGB)" .

23. In the case of tariff post 7, the following note 9 shall be added after note 8:

" 9. The fee income from TP 7 lit. c are to be used for the promotion of the associations within the meaning of § 1 VSPBG. "

24. In the tariff post 12 lit. a Z 3 will be the word "and" Replaced by a dash and after the parenthesis "(§ § 131a ff of the External StrG)" the phrase "as well as procedures for the recognition of foreign decisions concerning the acceptance of full-year electoral children in children (§ § 91a et seq. of the Austrian Foreign Office)" inserted.

25. In tariff post 12, lit. b Z 2.

26. In the tariff post 12, the lit. b Z 8:

Rate post

Subject matter

Scale for the fee measurement

Level of charges

" 8.

Procedure for the adoption of a full-year electoral child at Kindesstatt (§ § 191 ff ABGB);

78 Euro "

27. In tariff post 12, lit. c Z 1.

28. In tariff post 12, lit. g.

29. In the tariff post 12 lit. h is the lead-in rate: "in proceedings pursuant to § 104a of the External StrSG after the expiry of six months from the order of one or more children's councings:" ; the following Z 1 is omitted; in the previous Z 2 no prior to the amount "276 Euro" the word "more" .

30. In the tariff post 12 lit. i is the line of introduction: "in proceedings pursuant to § 106b of the German Federal Office for the Rights of the Family after the end of the first five months from the appointment of the Family Court Aid as visiting investigator:" ; the following Z 1 is deleted; in the Z 2 no prior to the amount "210 Euro" the word "more" .

31. In the tariff post 12, the lit. j:

Rate post

Subject matter

Scale for the fee measurement

Level of charges

" j)

other applications in non-contentious proceedings, except for procedures under the provisions of the UbG, on the basis of the HeimAufG, as well as proceedings on the legal protection of the property, procedures on the care, personal contacts and requests pursuant to Section 189 of the German Civil Code (ABGB), proceedings on the Descent or non-descent in accordance with § § 82 ff of the Austrian Foreign Office, proceedings on the acceptance of minor elective children at the child's child and for the recognition of such foreign decisions as well as proceedings on the declaration of the husband's husband pursuant to § 1 paragraph 2 of the German Law of the Marriage.

256 Euro "

32. In subheading 12, note 1, the expression shall be: "Note 3a" by the expression "Note 3b" replaced.

33. In tariff post 12, the previous Note 3a is given the name "3b." , the following note 3a is inserted:

" 3a. Proceedings concerning the divorce of a marriage under section 55a of the marriage Act and agreements pursuant to section 55a (2) of the marriage Act are free of charge upon application for the party whose assets do not exceed the value of EUR 4 414 and whose annual income does not exceed 13 244 euros. "

34. Notes 6, 7 and 9 are omitted in the tariff post 12.

35. In tariff post 12, note 8 is the word order "will be challenged" through the phrase "challenged" replaced.

36. Art. VI the following Z 57 to 59 are added:

" 57.

§ 2 Z 4, § 4 (7), § 26 (2), (4) and (4a) and Section 30 (2a) shall enter into force with 1. Jänner 2015 in force and shall apply to cases in which the self-calculation according to the in-force meeting of the regulation of the Federal Minister of Justice pursuant to § 2 Z 4, § 4 (7) and § 26a (3) in the version of the court fees-Novelle 2014, BGBl. I n ° 19/2015.

58.

§ 2 Z 1 lit. h and lit. i, § 26a (1), § 30 (2), Section 31a (1), Note 1a to the tariff post 5, the Note 8 to the tariff post 4, the tariff post 7 lit. c Z 1 and 2, Notes 7 to 9 to the tariff post 7, the tariff post 12 lit. a Z 3, lit. b Z 8, lit. h, lit. i and lit. j as well as the notes 1, 3a, 3b and 8 to the tariff post 12 in the version of the court fees novella 2014, BGBl. I n ° 19/2015, enter into force on 1 July 2015. § 28 Z 8, § 30 (3) to (4), subheading 12 lit. b Z 2, lit. c Z 1, lit. g, lit. h Z 1 and lit. 1 and the notes 6, 7 and 9 of the tariff post 12 shall expire at the end of 30 June 2015. § 2 Z 1 lit. h, § 26a para. 1, § 30 para. 2, note 1a to the tariff post 5, the Note 8 to the tariff post 4, the tariff post 7 lit. c Z 1 and 2, Notes 7 to 9 to the tariff post 7, the tariff post 12 lit. a Z 3, lit. b Z 8 and lit. j, as well as the notes 1, 3a and 3b for the tariff post 12 are in the version of the court fees-Novelle 2014, BGBl. I n ° 19/2015, to apply to fees in proceedings pending after 30 June 2015; on procedures pending before 1 July 2015, the provisions in the version currently in force shall continue to apply. § 2 Z 1 lit. i and the tariff post 12 lit. h and lit. i and note 8 in the version of the court fee amendment 2014 shall apply to cases in which the appointment of one or more children's councilors or the appointment of the family court assistance as visiting investigator after 30 June 2015. § 2 Z 1 lit. i and the tariff post 12 lit. h and lit. i and note 9 in the previous version shall continue to apply in cases where the order or appointment is made prior to 1 July 2015.

59.

§ 31a is on the one with the court fees-Novelle 2014, BGBl. I No 19/2015, newly created or amended fee levels as well as the amounts referred to in Note 8 to the tariff post 7 and note 3a to the tariff post 12, with the proviso that the initial basis for the redetermination shall be the one for May 2013 the final index of the consumer price index published by the Federal Statistical Office of Austria is 2000. "

Article 2

Amendment of the Judicial Introduction Act

The Judicial Introduction Act (GEG), BGBl. No 288/1962, as last amended by the Federal Law BGBl. I No 190/2013, shall be amended as follows:

1. The following section heading shall be inserted before § 1:

" 1. Section

Scope, General "

2. § 1 is accompanied by headline:

" The subject of the application in the judicial administration

§ 1. The following amounts are to be introduced from its own motion:

1.

Judicial and judicial administrative charges;

2.

Fines and fines of all kinds, with the exception of those under Z 3, periodic penalty payments, coercive and prejudicial penalties imposed by ordinary courts (except in the disciplinary matters of lawyers and lawyers), or In accordance with special provisions, the ordinary courts are responsible for the penalties imposed by ordinary courts and judicial authorities, as well as the costs of electronically supervised house arrests (§ 156b para. 3 StVG);

3.

financial penalties imposed by ordinary courts in criminal matters, as well as monetary amounts declared expired;

4.

Costs of the criminal proceedings and the disciplinary procedure (except in the disciplinary matters of lawyers and lawyers ' contenders), the contributions not already made in accordance with Article 32 (3) of the StVG on the costs of the Imprisonment and accommodation pursuant to § 21 (1) or (2), § 22 or § 23 of the German Criminal Code (StGB) if they have not been declared unrecoverable, as well as the costs of execution of a prison sentence imposed by a court of ordinary law as an order, coercion, or -the security means or the regulation concerning the treatment of angular recorders, RGBl. No 114/1857,

5.

in the case of civil cases, any costs which have been rectified from official funds or otherwise provisionally borne by the Federal Government, provided that they are to be replaced by a party. Such costs shall in particular:

a)

the cost of official acts outside the court;

b)

the enforcement fees in accordance with the law on the law of enforcement,

c)

the fees of witnesses, experts, interpreters and assessors; and the repayments which have been imposed by res judice are also to be submitted by the Office on its own account,

d)

the cost of access,

e)

the costs incurred in connection with the carriage or custody of persons or property, with the exception of the reward of a court-appointed depositary (Z 6 lit. (a)

f)

the travel expenses and the necessary cash expenses of their representative, as well as the costs of a curator which the party would otherwise have had to contest, on the basis of the procedural aid granted to the party;

g)

the costs of psychosocial process accompaniment determined in accordance with Section 73b (2) of the ZPO;

6.

the amounts to be entered for third persons or bodies at their request on the occasion of proceedings before the ordinary courts, in particular:

a)

the remuneration of the forced administrator (§ 113 EO) and the proceeds which have been legally imposed on him, as well as the reward of the custodian, who has been appointed to court,

b)

the court fees of the notaries for their acts as court commissioners,

c)

the costs of the revision of the acquisition and economic cooperatives, carried out by a court-appointed auditor,

d)

the court fees of experts and interpreters;

7.

in civic cases, the costs borne by a foreign authority on the occasion of the execution of a request for delivery or legal assistance, even if they are not to be replaced by the requested authority, provided that such costs are not the files sent in the execution of the request. "

3. § 2 shall be replaced by the following paragraph:

"Cost support"

4. In § 2 para. 1, the quote shall be "§ 1 Z 5" by quoting " § 1 Z 5 lit. a to f " as well as the quote "§ 1 Z 7" by quoting " § 1 Z 5 lit. g and Z 7 " replaced.

5. § 3 shall receive the following paragraph:

"Cost advance"

6. § 4 together with headline:

" Determination of the flat-rate fees according to the tariff post 6 GGG

§ 4. (1) If, either in bankruptcy proceedings before the Court of Justice or in the debt settlement procedure before the district court, all other conditions for the annulment of the bankruptcy procedure after the final distribution or the appointment of a ground manager are fulfilled before the district court. with the consent of the creditors are fulfilled or all the conditions for the confirmation of the reorganization or payment plan or for the initiation of the levies procedure are available, the insolvency court with decision has the flat fee according to Tariff post 6 GGG to be determined and the masseuse to pay the To request a fee. This also applies if the debtor is obliged to pay the debtor in these proceedings, but in such cases a copy of the decision shall also be issued to the debtor-in the absence of a masse-manager only to the debtor. The decision shall include a reference to the legal consequences of non-payment of the flat-rate fee.

(2) If all other conditions for the judicial confirmation of the recovery plan are fulfilled before the Court of Justice in the reorganisation procedure, the insolvency court with a decision to determine the flat-rate fee in accordance with the tariff post 6 GGG shall determine and in the case of The self-administration shall require the debtor, in the absence of own administration, to pay the fee for payment of this fee. In the case of the debtor's own administration, a copy of the decision must also be sent to the reorganisation administrator.

(3) The decisions referred to in paragraphs 1 and 2 shall be taken in accordance with the provisions of the insolvency order. Decisions in accordance with paragraph 1 may be appealed by the masse-manager, in the cases of the debtor's obligation to pay, also by the debtor with a recourse. The debtor and the refurbishment manager may take a recourse against decisions pursuant to paragraph 2. "

7. § 5 shall receive the following paragraph:

"Right of retention"

8. § 5 (1) reads:

" § 5. (1) In order to secure the amounts to be entered in accordance with § 1, the Federal Government shall be entitled to a right of retention:

1.

on the sums of money and movable physical property of the payer, including the cost benefits, taken in court custody, and

2.

Seized and confiscated items and other assets of the accused (accused) including property and rights registered in a public book (§ § 109, 110 and 115 StPO).

The right of retention shall be payable to the Federal Government prior to the date of payment of the obligation to pay. It is also possible to secure the introduction of those amounts, from the payment of which the party is temporarily exempted due to procedural assistance (§ § 8, 9 GGG). The right of retention shall be subject to the same restrictions as to be taken into account in the recovery of the amounts to be secured. "

9. In Section 5 (2), the phrase "Judicial detention centres, prisons or institutions according to § 21 para. 1 or 2, § 22 or § 23 StGB" by the word "judicial institutions" replaced.

10. § 5 shall be added to the following paragraphs 3 and 4:

" (3) The courts, public prosecutors and judicial institutions shall have, in cases where the existence or the emergence of an amount to be secured is likely to be the case, the pre-depreciation authority (Section 6) of the custody of the sums of money that has been received by the courts. a copy of the depositary order; any other assets or objects which have been recovered shall be notified to the institution of the predepreciation authority, in so far as their recovery is permitted and a non-negligible amount of the proceeds to be recovered from it shall be made available to the is expected.

(4) After the fruitless expiry of the service period specified in the payment order (§ 6a), the right of retention is transformed into a statutory lien in the range of the right of retention. "

11. The following section heading is inserted before § 6:

" 2. Section

Pre-trial procedure, Stundung and discount "

(12) The following paragraph 3 is added to § 6a:

" (3) The absence of a payment order shall be dismissed if the amount owed does not exceed EUR 12 other than the fee, unless it is a financial penalty or small amounts which are to be introduced because the amount of the payment order is not more than 12 euros. Payers have not adjusted the amounts due in full (residual amounts). The sum of the amounts to be brought in does not exceed EUR 60, from a service to another country. "

13. In § 6b (3), the reference "§ 1 Z 2" changed to "§ 1 Z 3" .

14. In accordance with § 6b, the following § 6c and heading is inserted:

" Repayment

§ 6c. (1) The amounts to be entered in accordance with § 1, with the exception of the amounts pursuant to § 1 Z 6, shall be repaid

1.

in so far as the result is that nothing or a lesser amount has been owed and that the repayment is not in conflict with a final decision;

2.

as long as the obligation to pay has been granted on the basis of a subsequent decision.

(2) The repayment shall be available on its own account or at the request of the party which has paid the amounts. However, in so far as the repayment claim proves to be not justified, it must be dismissed by the authority (§ 6). "

15. § 8 receives the following paragraph:

"Statute of limitations"

16. § 8 (1) reads:

" (1) The federal claim for payment of the amounts pursuant to § 1, except for those pursuant to § 1 Z 3 and 6, shall be statute-barred in five years. The period of limitation shall begin to run at the end of the year in which the claim has been made and the person of the payer is established, but at the earliest, with a final end of the basic procedure. "

(17) The following paragraph 4 is added to § 8:

" (4) The right to repayment in accordance with Section 6c (1) shall expire five years after the end of the calendar year in which the amounts have been paid. The limitation period shall be interrupted by the application of the repayment request and any procedural act in the repayment procedure. "

18. § 9 receives the following paragraph:

"Stunnment and discount"

19. The following sentence is added to Article 9 (2):

" A particular hardship may be present even if, under the basic procedure or the results of a legal proceedings, the result is that the payer does not have access to the procedure at the time of the charges, and was not approved and the procedural act was not approved in the sequence. "

Article 9 (5) reads as follows:

" (5) The provisions of para. 1 to 4 shall not apply to the amounts listed in Section 1 (3), (4) and (6). The court or authority shall decide on the payment of the sums referred to in Article 1 (2) of the amount referred to in Section 1 (2) of the amount referred to in Article 1 (2) of this Regulation. that led the basic procedure. "

21. § 10 together with headline:

" Mutual assistance

§ 10. The administrative authorities, public prosecutors, courts and social insurance institutions (the main body) are obliged to submit to them the request of the pre-depreciation authority (§ 6) and the placement office in the course of the enforcement of this Federal Act in the the framework of their factual and local competence. "

22. The following section heading is inserted before § 11:

" 3. Section

Enforcement of amounts determined in the pre-depreciation procedure "

23. § 11 shall receive the following paragraph:

"location"

The first sentence of Article 11 (1) reads as follows:

"If the payer is defaulted, the amounts determined in accordance with the second section, together with the uncorrected procedural costs, shall be entered by the place of entry by the name of the Federal Government through the enforcement of the court."

25. § 11 (3) and (4).

26. § 11a deleted.

27. § 12 receives the following paragraph:

"introduction of financial penalties"

28. In § 12 (1), after the word "Fines" the twist "according to § 1 Z 2" inserted.

Section 12 (2) reads as follows:

" (2) If, in the event of the incrimination of a fine, a custodial sentence has been threatened pursuant to § 1 Z 3, the place of entry shall immediately initiate the appropriate executive measures. Within one year at the latest, the Court of First Instance, which has carried out the basic procedure, shall have the sum of the amount of the amount of money which has been brought into effect until that date, whether the amount of money still to be paid shall be successful or that the amount of money still outstanding shall be un information. If an executive order is still pending, the court of the place of arrival shall announce whether the execution should be continued or suspended in the light of the fine. In the case of the cessation of the execution, the substitute custodial sentence intended for the case of non-enforcability shall be subject to enforcement. If a fine has been submitted only in part, the custodial sentence intended for the case of their incriminality shall be carried out only in the proportion of the remaining part of the sentence. "

30. § 13 receives the following paragraph:

"Abvision of the introduction"

31. § 13 (1) reads:

"(1) Except in the case of Section 6a (3), the amounts referred to in § 1 Z 1, 2, 5 and 7 shall also be deemed to have been introduced if it is to be presumed that the introduction of a lack of assets will not be successful."

Section 13 (2) shall be deleted; the previous paragraph 1a shall be replaced by the sales designation "(2)" , in this paragraph, the reference "(§ 1 Z 1, 3, 4, 5 and 7)" by "(§ 1 Z 1, 4, 5 and 7)" replaced.

33. § 14a deleted.

34. The following section heading is inserted before § 16:

" 4. Section

Transitional and final provisions "

35. § 18 deleted.

(36) The following paragraph shall be added to section 19a:

" (14) § 1, § 2 para. 1, § 4, § 5, § 6a para. 3, § 6b para. 3, § 6c, § 8 para. 1 and 4, § 9 para. 2 and 5, § 10, § 11 paragraph 1, § 12, § 13 in the version of the court fees-Novelle 2014, BGBl. I n ° 19/2015 will enter into force on 1 July 2015. § 11 (3) and (4), § 11a, § 14a and § 18 shall expire on the expiry of 30 June 2015. § 8 in the version of the Federal Law BGBl. I No 19/2015 shall apply to claims arising after 30 June 2015; to claims arising prior to that date, § 8 shall continue to be applied in the version currently in force. "

Fischer

Faymann