Court Fees Amendment 2014 - Ggn 2014

Original Language Title: Gerichtsgebühren-Novelle 2014 – GGN 2014

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19 Federal law that modifies the court fee and the Court transfer law (court fees amendment 2014 - GGN 2014)

The National Council has decided:

Article 1

Amendment to the court fees Act

The court fees Act, Federal Law Gazette No. 501/1984, as last amended by Federal Law Gazette I no. 69/2014, is amended as follows:

1. in article 2 subpara 1 lit. h is the expression ', g'.

2. § 2 subpara 1 lit. i is as follows:



i) lit for the in the collective post 12. d lit listed except contentious proceedings with their completion, for in tariff post 12. h Z 2-led process upon expiration of six months from the notification of the order decision or after the expiration of another twelve months; for the lit in tariff post 12. "i led no. 2 procedures at the end of five months from the order of the family court assistance respectively each after the other three months;"

3. Z 4 the following phrase is added § 2:

"in the cases of the self calculation of tax (§ 11 real estate transfer tax act 1987) the Federal Minister for justice be locked in accordance with the technical possibilities with Regulation (section 26a para. 3), that the claim of the Federation on the registration fee according to tariff post 9 lit." b Z 1 to the relevant time is; established for the due date of the tax"

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

"(7) the Federal Minister for Justice may specify in accordance with the technical possibilities with Regulation (section 26a para. 3) that the Court registration fee at the Tax Office for the collection of the tax is to be paid (own calculation according to § 11 real estate transfer tax act 1987)." The registration fee at the tax office not or to low paid in such a case, the tax office has to communicate the notices of payment due authority; the shortfall is to bring under the provisions of the GEG. The competent tax office has to forward the registration fees paid within a period of three months to a judicial account. On request, the tax of authority of the notices of payment due has to allow inspection of the files of the dispensing procedure relating to the notices of payment due and payment of the tax. The detailed specifications about communication, forwarding the registration fees and the insight can be controlled in the regulation according to section 26a para 3."

5. the heading before section 23 is as follows:

"II. fees for decisions and comparisons on maintenance claims and property rights of Pflegebefohlener in non-contentious proceedings"

6 26 paragraph 2 the following sentence is added to §:

"The payment of court fees in the case of calculating self is (§ 11 real estate transfer tax act 1987) to the competent Finanzamt (§ 4 para. 7) at the time of maturity of the real estate transfer tax (§ 2 Z 4 second half-sentence) provided, can Regulation pursuant to section 26a para 3 be regulated, as can be seen from these data."

7. in article 26, paragraph 4, the following sentence is inserted after the first set:

"The same applies to a testing occasion revising fees."

8. According to section 26 para 4, the following paragraph 4a is inserted:

"(4a) the payment of court fees in the case of calculating self is (§ 11 real estate transfer tax act 1987) to the competent Finanzamt (§ 4 para. 7) at the time of maturity of the real estate transfer tax (§ 2 Z 4 second half-sentence) provided and the incorrectness of the information in the auto calculation explanation arises according to § 12 of the real estate transfer tax act 1987 subsequently - about reason of revising fees, on the basis of a communication from the IRS (§ 16 real estate transfer tax act 1987) or a tax administrative procedure relating to the self-calculated tax - out" , the registration fee is so institutionally to measure; This also applies if the incorrectness of the information emerges only after the occurrence of the legal force of fees notices of payment due. The deficit can in cases of § 303 1 BAO also after expiration of the Statute (§ 8 GEG) are demanded. The notices of payment due authority determines that the specified base is apparently inaccurate Declaration of self calculation according to § 12 of the real estate transfer tax act 1987, so she has the competent tax office without contact undue delay."

9 the following records are attached. the section 26a para 1:

"For the question whether there is a transfer of the beneficiary is to terminate the relationship between upstream to the registered owner and the person in whose favor the right to be registered. A beneficiary transfer exists even if each acquisition the acquisition chain, which leads to the registration in the land register, takes place between people, exist where the conditions for transfer of beneficiaries."

10. in paragraph 28, the Z 8 is eliminated.

11. in the section heading before section 30, the phrase "Redemption fee" is omitted.

12 paragraph 30 subsection 2:

"(2) is dependent on the performance of an official act from the payment of the fee as the licence fee obligation expires if the official act in the absence."

13. in article 30, after paragraph 2, the following paragraph 2a is inserted:

"(2a) the claims of the Federal Government on the registration fee at the time relevant for the due date of the tax is justified (§ 2 No. 4 second half-sentence), the payment obligation will be void if the basic book entry was not made." The party who paid the fees, may demand the reimbursement of the fee if she submit a certificate of tax office responsible for the tax that the registration fee at the tax office has been paid. Registration is effected after repayment of the fee, so the fee will be no. 4 to in § 2 first half-sentence led time due; in this case the fee is according to the provisions of the GEG to bring."

14 paragraph 3-4 accounts for § 30.

15 in article 31a, paragraph 1 the phrase is replaced "Note 1a and 6 to the collective post 9, note 1a to the collective post 10 and note 3a to the collective post 12" "Note 1a and 6 to the collective post 9 and note 1a to the collective post 10" through the turn.

16 in the collective post 4 7 following note 8 is added after Note:

"8. in maintenance enforcement proceedings, which also refer to the recover of maintenance for minor children, the performing party from the obligation to pay the court fees is free; after the 4 tariff and the tariff mail 12a the payment obligation to the obligated party in accordance with § 21."

17. in tariff post the following sentence be added 5 Note 1a:

"Creditors of maintenance for minor children no fees obligation according to tariff post 5 lit. (b)."

18. in the tariff post 7 lit. c Z 1 inserted the word "volljähriger" after the word "Acts".

19. in the tariff post 7 lit. c Z 2 will be inserted after the word "Guardianship Bill" the word "adult Pflegebefohlener".

20. in tariff post 7 Note 7 be the expression "Note 3a to the collective post 12" by the expression "Note 3b to the collective post 12" replaced and added the following sentence: "In all instances, minors I.e. meets no licence fee obligation in maintenance and maintenance advance things.".

21. in tariff post the following sentence be added 7 Note 7a:

"Minors I.e. meets no licence fee obligation in all instances."

22 in tariff post the amount to replace 7 Note 8 '4 414 euro' by the amount of '20 000 euro'; the clip quotation reads: "(§§ 229, 276 ABGB)".

23. in the tariff post 7 8 following note 9 is added after the note:

"9. the fee income from TP 7 lit. c are to use VSPBG to promote the associations within the meaning of § 1."

24. in the tariff post 12 lit. a-Z are 3 the word "and" is replaced by a comma and after the parenthesis expression "(§§ 131a FF AußStrG)" the phrase "as well as procedures for the recognition of foreign decisions on the adoption of adult choice children on child instead (§§ 91 a ff AußStrG)" added.

25. in the tariff post 12 eliminates the lit. b Z 2.

26. in the tariff post 12 is the lit. b Z 8:



Collective post





Subject





Scale for the tax





Amount of fees







 







"8. procedure concerning the adoption of an adult choice child of a child (§§ 191 ff ABGB);"



78 euros"





27. in the tariff post 12 eliminates the lit. c Z 1.

28. in the tariff post 12 eliminates the lit. (g).

29. in the tariff post 12 lit. h is the sentence: "in proceedings under the Section 104a AußStrG after the expiration of six months after ordering one or more children advisers:"; the following Z 1 is eliminated; in the previous Z, 2 accounts for the amount "276 euro" "further the word".

30. in the tariff post 12 lit. i the introduction sentence reads: "in proceedings under section 106 b AußStrG after the first five months from commissioning the family court assistance as Besuchsmittler:"; the following Z 1 is eliminated; in the Z, 2 accounts for the amount "210 euro" "further the word".

31 the lit is in tariff post 12. j:



Collective post





Subject





Scale for the tax





Amount of fees







 








"(j) other applications except contested proceedings, except for the UbG, after the HeimAufG, as well as through the Sachwalterschaft process procedures about the custody, personal contacts and applications according to § 189 ABGB, about the ethnicity or descent not proceedings under §§ 82 ff AußStrG, procedure concerning the adoption of minors of election of a child and the recognition of such foreign judgments as well as procedure for the Declaration of marriage consent pursuant to section 1 para 2 EheG."



256 euro"





32. in the tariff post 12 Note 1 is the expression "Note 3a" by the expression "Note 3 b" replaced.

33. in the tariff post 12, the previous note 3a is named "3B", before following note 3a is inserted:

"3a. procedure for a divorce after section 55a EheG and arrangements referred to in section 55a, paragraph 2 EheG are free of charge at the request of the party, whose Vermögen exceed their annual income and the value of 4 414 euro to 13 244 euro."

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

35. in the tariff post 12 the phrase replaces in note 8 "is contested" "is contested" the phrase.

36. Article VI following Z 57 to 59 shall be added:



"57. § 2a para 2 Z 4, § 4, paragraph 7, § 26 para 2, 4 and 4a and article 30 with 1 January 2015 into force and are to apply to cases in which the self calculation after the entry into force of regulation of the Federal Minister of Justice pursuant to the § 2 Z 4, § 4, paragraph 7 and section 26a para 3 as amended by amendment to the court fees 2014, Federal Law Gazette I no. 19/2015 is done."

58. Article 2 subpara 1 lit. h and lit. i, section 26a para 1, § 30 para 2, § 31a para 1, which note 1a to the collective post 5, note 8 to 4, 7 tariff post tariff post lit. c Z 1 and 2, the Notes 7 to 9 to 7 tariff mail which tariff post 12 lit. a no. 3, lit. b No. 8, lit. h, lit. i and lit. j as well as the notes 1, 3a, 3B and 8 to 12 as amended by 2014, the amendment to the court fees tariff post Federal Law Gazette I no.  19/2015, enter into force on 1 July 2015. § 28 No. 8, § 30 par. 3 and 4, tariff post 12 lit. b No. 2, lit. c Z 1, lit. g, lit. h Z 1 and lit. i become 1, as well as the Notes 6, 7 and 9 to the collective post 12 Z at the end of 30 June 2015 override. Article 2 subpara 1 lit. h, section 26a para 1, § 30 para 2, which note 1a to the collective post 5, note 8 to 4, 7 tariff post tariff post lit. c Z 1 and 2, the Notes 7 to 9 to 7 tariff mail which tariff post 12 lit. a no. 3, lit. b Z 8 and lit. j as well as the notes 1, 3a and 3B to the collective post are 12 as amended by amendment to the court fees 2014, BGBl. I apply no. 19/2015, on charges in proceedings that be; initiated after 30 June 2015 the provisions in the existing version are continue to apply to proceedings which are pending made before July 1, 2015. Article 2 subpara 1 lit. i and the collective post 12 lit. h and lit. i along with note 8 as amended by the amendment to the court fees 2014 are to apply to cases in which the order of one or more children advisers or the designation of the family court assistance as Besuchsmittler takes place after 30 June 2015. Article 2 subpara 1 lit. i and the collective post 12 lit. h and lit. i along with note 9 in the previous version are cases continue to apply, where the appointment or assignment is made before July 1, 2015.

"59. § 31a is the 2014, amendment to the court fees Gazette I no. 19/2015, newly established or amended fees facts as well as the amounts after note 8 to the collective post 7 and note 3a to the collective post 12 with the proviso to apply that basis published each for the realignment may 2013 final index number of by the German Federal statistics 2000 is Austria of suggested consumer price index."

Article 2

Change of court bringing law

The Court transfer Act (GEG), Federal Law Gazette No. 288/1962, amended by Federal Law Gazette I no. 190/2013, is amended as follows:

1. before paragraph 1, following section heading shall be inserted:

"Article 1

Scope, General"

2. paragraph 1 is together with the heading:

"Subject to the introduction of judicial administrative action

§ 1. Officio, the following amounts are to introduce:



1. Court and justice management fees;

2. fines and fines of any kind except those after no. 3, penalty payments, forced and preventive punishments, imposed by courts of general jurisdiction (except in the discipline of lawyers and trainee lawyer) or their introducing is the ordinary courts according to special regulations, by ordinary courts and judicial authorities imposed order and courage will penalties and the costs of the electronically monitored house arrest (§ 156 para 3 b HCP);

3. fines imposed by ordinary courts in criminal cases of all kinds, as well as monetary amounts declared forfeited;

4. costs of criminal proceedings and of the disciplinary procedure (except in the discipline of lawyers and candidate attorneys at law), not already levy pursuant to § 32 para 3 HCP contributions brought in to the cost of the prison and the accommodation according to article 21, paragraph 1 or 2, article 22 or article 23 of the criminal code, unless they are declared not for uncollectible, as well as the costs of enforcement of a sentence, by a court as correctness , Forced or securing devices or the regulation concerning the treatment of angle Schreiber, RGBl. No. 114/1857, imposed

5. in civil cases all costs, which corrected from official funds or otherwise by the Federal Government for the time being were worn, unless they are replaced by a party. Such costs are in particular: a) the cost of official acts outside of the Court, b) the full fees for the full fees Act, c) the fees of witnesses, experts, interpreters and associate members; to introduce officio also who are these legally imposed on repayments, d) the switching costs, e) costs incurred on the occasion of a transport or custody of persons or property except for the reward of a court appointed custodian (Z 6 lit. a), f) which replaced a party on the basis of the legal aid granted her travel costs and the necessary cash expenses of its representative, as well as the cost of a curator , which the party to argue otherwise would have had, g) in accordance with article 73 b para 2 ZPO certain costs of psychosocial accompaniment of the process;

6 on the occasion of a procedure before amounts to making the ordinary courts for third persons or bodies at their request, in particular: a) the remuneration of the receiver (§ 113 EO) and the dentures legally imposed on it, and the reward of the court appointed custodian, b) the Court certain fees of notaries for their official acts as court Commissioners, c) the cost of review made by a court appointed auditor of the employment and economic cooperatives , d) the Court certain fees of the experts and interpreters;

"7. in civil cases the costs, which were borne by a foreign authority on the occasion of completion of delivery or request for assistance, even if they are not meant to replace the requested authority, provided these costs from the execution of the request sent to files revealed."

3. § 2 receives the following section heading:

"Expenses borne"

4. in article 2, paragraph 1, the quote will be "§ 1 Z 5" by the quote "section 1 No. 5 lit. a to f' and the quote "§ 1 Z 7" by the quote "section 1 No. 5 lit. g and Z 7 "replaced.

5. § 3 receives the following section heading:

"Advance"

6 § 4 is together with the heading:

"Determining the lump-sum fee according to the tariff of post 6 GGG"

4. (1) if either in the proceedings before the Court or in the debt settlement proceedings before the District Court to order a trustee in bankruptcy, all other conditions for the lifting of the bankruptcy proceedings are met according to final distribution, or with the consent of the creditor or there are all prerequisites for the confirmation of the restructuring or payment plan or for the siphoning-off procedure, has the bankruptcy court decision to determine the lump-sum fee 6 GGG tariff post and to request the trustee to pay this fee. This applies as well if this procedure a payment obligation the debtor, it has to be issued a copy of the decision on this - in the absence of a trustee in bankruptcy to the debtor - in these cases. In the decision, a note on the legal consequences is to record, that occur in non-payment of the flat-rate fee.

(2) if all the other conditions for judicial confirmation of the rehabilitation plan in reorganisation proceedings before the Court of justice are met, the insolvency court decision to determine the lump-sum fee 6 GGG tariff post and in the case of equity management the trustee, to pay this fee to ask the debtor due to lack of equity management has. Self management of the debtor, a copy of the decision on the reorganisation administrator is to deliver.


(3) the decisions are according to para 1 and 2 according to the provisions of the Insolvency Act to cover. Referred to in paragraph 1, decisions can be challenged by the liquidator, in cases the payment obligation of the debtor of this with appeals. Against decisions referred to in paragraph 2 of the debtor and the reorganisation administrator may raise appeals."

7 § 5 shall be following section heading:

"Retention"

8 paragraph 5 paragraph 1:

"Section 5 (1) to secure the amounts to be applied pursuant to section 1 the Federal Government a right of retention is to:"



1. at the monetary amounts taken into judicial custody and movable physical property of the debtor including the imposed cost advances as well as 2 of seized and confiscated items, and other assets of the accused (defendant) including real estate and rights which are registered in a public book (sections 109, 110 and 115 StPO).

The right of retention shall be entitled to the Federal Government before the emergence of the obligation to pay. It is also to ensure the contribution of those amounts whose payment is temporarily exempt the party due to legal aid (sections 8, 9 GGG). The right of retention shall be subject to the same restrictions that are to be observed in the collection of the amounts secured."

9. in section 5, paragraph 2, the phrase is "judicial detention houses, prisons or institutions according to article 21, paragraph 1 or 2, article 22 or article 23 of the Criminal Code" is replaced by the word "Prisons".

10 § 5 shall be added following paragraph 3 and 4:

"(3) the courts, prosecutors and prisons have in cases where the existence or emergence of an amount to be secured can be expected understanding the notices of payment due authority (section 6) of stored funds by submitting a copy of the custody order; other held assets or objects, the notices of payment due authority is to communicate, as far as permitted by law and the resulting a not merely marginal revenue expected is their exploitation.

(4) after fruitless expiry of the period specified in the payment order (Section 6a) the lien into a legal lien in the range of the lien."

11. before paragraph 6, following section heading shall be inserted:

"Part 2

Notices of payment due procedures, deferral and discount"

12 the following paragraph 3 is added to § the 6a:

"(3) by the issuing of a payment order is clear, if the amount owed, except the collection fee 12 euro does not exceed, unless it's to fines or such small amounts, therefore to submit, because the debtor has corrected the monies owed not to entirely (remaining amounts). From a delivery in foreign countries is to be seen if the sum of the amounts that are to be brought in, does not exceed 60 euros."

13. in paragraph 6 (b) para 3 is the reference "§ 1 Z 2" changed to "§ 1 Z 3".

14. According to § 6, b is inserted the following § 6 c together with heading:

"Redemption

§ 6c. (1) that to transferring amounts with the exception of the amounts are no. 6 according to § 1 according to § 1 to repay



1. insofar as consequence that was due to a lower amount or nothing at all and no final decision is contrary to the repayment; results in,

2. where the obligation to pay on the basis of a subsequent decision is extinguished.

(2) the refund is on its own initiative or at the request of the party, which has paid the amounts, to have. As far as but the repayment claim proves not entitled, he is by the authorities (§ 6) decision to reject."

15 § 8 receives the following article heading:

"Extinctive prescription"

16 paragraph 8 section 1:

"(1) the claims of the Federal Government on payment of the amounts referred to in § 1, except those referred to in paragraph 1 Nos. 3 and 6, barred in five years." The period of limitation begins to run, in which the claim arose and the person of the debtor, it is at the earliest however with final completion of the basic procedure at the end of the year."

17 the following paragraph 4 is added to § the 8:

"(4) the claim for repayment under paragraph 6c para 1 shall lapse five years after the end of the calendar year in which the amounts were paid. The limitation period is interrupted by the introduction of the redemption request and any procedural act in the redemption procedure."

18 § 9 receives the following section heading:

"Deferral and relief"

19 the following sentence is added to § 9 par. 2:

"A special hardness can be even, if the basic procedure or from the results of a Sachwalterschaftsverfahrens that the debtor at the time of the procedural act triggering fees was not einsichts - and adult and the procedural act in the sequence has not been approved."

20 paragraph 9 paragraph 5:

"(5) the provisions of paragraphs 1 to 4 shall not apply to that in section 1 Nos. 3, 4 and 6 listed amounts." "Deferral, reduction and recovery 2 listed amounts is Z in article 1 by the Court or the authority to decide, that has led the basic procedure.

21 10 paragraph with heading:

"Assistance

§ 10. The administrative authorities, public prosecutor's offices, courts, and social security institutions (Hauptverband) are obliged to comply with the execution of this federal law to them pursuant request of the notices of payment due (§ 6) and contribution authorities in the context of their substantive and territorial jurisdiction."

22. before § 11, following section heading shall be inserted:

"Section 3

Enforcement of the amounts specified in the notices of payment due process"

23 § 11 receives the following section heading:

"Insertion point"

24 § 11 para 1 first sentence reads:

"The debtor's default, the amounts determined by the second section are along with the costs of the recommended procedure by way of judicial enforcement by the contribution authority called the Federal Government to recover."

25 paragraph 3 and 4 are eliminated § 11.

26 § 11a is eliminated.

27 § 12 receives the following section heading:

"Introduction of financial penalties"

28. in article 12, paragraph 1, the phrase is for the word "Fines" "according to § 1 Z 2" added.

29 paragraph 12 paragraph 2:

"(2) is for the recovery of a financial penalty in case referred to in § 1 Z 3 an imprisonment threatened been, so the insertion point has to initiate appropriate enforcement measures without delay. At the latest within one year, she has the Court, which has led the basic procedure to inform about the amount of money tabled until then, promising measures of execution or non-recovery of the outstanding sum of money. If enforcement action is still pending, the Court of the insertion point has been known to give as to whether the execution in consideration of the financial penalty should be continued or discontinued. In the case of the setting of the execution of the imprisonment for the case of the recovery in full is to put. Introduced a fine partly for their recovery in case certain imprisonment only in proportion of the remainder still owed is to understand."

30 § 13 receives the following section heading:

"Seeing from the introduction"

31 paragraph 13 paragraph 1:

(1) the contribution is 1, 2, 5 and 7 above amounts Z in section 1 except in the case of Article 6a, paragraph 3 even refrain, if with reason it may be accepted that the introduction due to insufficient assets will remain unsuccessful.

32. paragraph 2 is omitted § 13; the previous paragraph 1a receives the sales designation (2), in this paragraph the reference "(§ 1 Z 1, 3, 4, 5 und 7)" by "(§ 1 Z 1, 4, 5 und 7)" replaced.

33. Article 14a is eliminated.

34. before paragraph 16, following section heading shall be inserted:

"Section 4

Transitional and final provisions"

35. paragraph 18 deleted.

36. the following paragraph is added to § the 19a:

"(14) § 1, § 2 para 1, § 4 paragraph 5, Article 6a, paragraph 3, article 6 para 3, § b 6c, article 8, paragraph 1 and 4, § 9 ABS. 2 and 5, § 10, article 11, paragraph 1, article 12, article 13 as amended by 2014, the amendment to the court fees Federal Law Gazette I no. 19/2015 with 1 July 2015 into force." Contact article 11 par. 3 and 4, § 11a, § 14a and article 18 expiry of 30 June 2015 override. § 8 in the version of Federal Law Gazette I no. is 19/2015 on claims to apply arising after 30 June 2015 are; claims incurred before that date, article 8 as amended until then is applying."

Fischer

Faymann

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