Exekutionsordnungs Amendment To 2014 - Eo Nov. 2014

Original Language Title: Exekutionsordnungs-Novelle 2014 – EO-Nov. 2014

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69. Federal law, with which the executive order, the law enforcement fees act, the law-making law, the court fee law and the insolvency order are amended (executive order-novella 2014-EO-Nov. 2014)

The National Council has decided:

Article 1

Amendment of the Executive Order

The executive order, RGBl. No 79/1896, as last amended by the Federal Law BGBl. I No 33/2013, shall be amended as follows:

1. § 1 Z 8 reads:

" 8.

the final findings of the criminal courts, which pronounce the decay, the extended decay, the confiscation or confiscation of assets or objects, or the confiscation or recovery of security or the recovery of assets or objects, or confiscated assets (§ 115a StPO), the execution of a foreign decision in criminal matters relating to property orders (§ 65 ARHG, § 52d EU-JZG), the costs of the criminal proceedings or the private-law provisions Claim any claims or declare a security to be forfeited; "

2. § 18 Z 1 reads:

" 1.

if the execution is carried out on an immovable property situated in the territory of the country and registered in a public book, or on rights which are registered in a book, the district court, in which the deposit of the immovable property is is located; "

(3) § 35 is amended as follows:

(a) para. 2, first sentence reads:

"(2) These objections are, without prejudice to any appeal against the executive authorisation, to be brought in the course of the action brought before the court which granted the execution in the first instance."

(b) In paragraph 2, the following sentences shall be inserted after the second sentence:

" If the title of the execration has been received in a maintenance case, the objections to the court in charge of this case shall be invoked in the manner provided for in that case. If an Austrian court is not responsible for the cause of maintenance, the court which has granted the execution in the first instance shall be responsible for such objections if nothing deviates from the law of the Unions or international law. "

(c) paragraph 3 reads:

" (3) Any objections which the obligated party was able to bring forward at the time of the assertion in the court or at the time of the instipation of one of the authorities referred to in paragraph 2 must, in case of other exclusion, simultaneously claim . This shall not apply to matters relating to maintenance, insofar as the person liable for maintenance changes the circumstances on the basis of which the claim is wholly or partly loaned or inhibited. "

4. § 36 (2) and (3) :

" (2) The action shall be brought before the court which has authorized the execution in the first instance. In the case of the excusion title in a case of employment pursuant to Section 50 of the ASGG, the action shall be brought before the court in which the trial was pending in the first instance. Where a substance of maintenance is provided for in the case of a maintenance, the objections shall be claimed in the court of proceedings in charge of this case in the manner provided for in that case. § 35 (3), first sentence, on the connection of all objections which the party has been able to bring forward at the time of the assertion is to be applied.

(3) If the objections are given in a legally binding manner, the execution must be stopped. "

Section 38 (2) reads as follows:

"(2) For proceedings in accordance with § § 35, 36 and 37, the domestic jurisdiction in accordance with § 104 (1) or (3) of the JN may not be justified."

6. § 42 (1) Z 5 reads:

" 5.

if objections are brought to court in accordance with § § 35 or 36, or if an action is filed pursuant to § 37, if for other reasons the execution of the execution is accused (§ 39 (1) (5)) or if objections to the claim in the case of the execution are filed against the court. the authority of which one of the excutions referred to in § 1 (10) and (12) to (14) has been considered; "

Section 45 (3) reads as follows:

" (3) Unless otherwise arranged for individual cases, or if a final decision on the recruitment, restriction or deferment of the executive proceedings is already in place or the application is manifestly unauthorised, the The parties to the decision on requests for the cessation, restriction or postponement of the executive procedure, which are not made by the creditor itself, should be heard (Section 55 (1)). "

8. § 65 (3) is replaced by the following paragraphs:

" (3) § 521a ZPO is to be applied only if:

1.

the decision on the costs of the executive procedure, or

2.

they are decisions on the application for the suspension, restriction or postponement of the execution; or

3.

this is otherwise arranged in this law.

(4) There is no obligation to represent him or her as a party or party representative to the child and youth welfare authorities. It shall be equal to the parties represented by lawyers. "

9. In accordance with § 86a the following fourth title shall be inserted:

" Fourth Title

Additional provisions on the Regulation on the mutual recognition of protection measures in civil matters

Responsibility

§ 86b. (1) The District Court, in which the protected person has its general place of jurisdiction in disputes, shall be responsible for:

1.

the arrangement of the enforcement of a foreign protection measure pursuant to Regulation (EU) No 606/2013 on the mutual recognition of protection measures in civil matters (EuSchMaVO) and the decision on the application for an executive order on the basis of such a measure protection measure and

2.

the adaptation in accordance with Article 11 of the EuSchMaVO.

If the protected person does not have its general place of jurisdiction in disputes within the country, the district court of the inner city of Vienna is responsible.

(2) The District Court, which has ordered the execution of a protection measure or which has approved the execution, shall be responsible for:

1.

the refusal of recognition or enforcement pursuant to Art. 13 EuSchMaVO and

2.

the annulment of the recognition or enforcement pursuant to Article 14 (2) of the EuSchMaVO.

Procedures for the adaptation of safeguard measures

§ 86c. (1) The protected person shall have the right to adapt the protection measure (Art. 11 EuSchMaVO) shall indicate the desired adjustment.

(2) The Court of First Instance shall decide on the application without hearing the person at risk; the court may object to the decision to adapt it in the sense of Section 397 (2).

(3) The obligation to reimburse costs in the procedure for the adaptation of the protection measure shall be governed by the provisions of the ZPO. "

10. In § 146 (1), the quote shall be "Z 1 to 3" by quoting "Z 1 to 3a" replaced.

Article 150 (1a) reads as follows:

" (1a) Services which are used for the wired energy supply and are not to be taken over by the Meistbot according to other provisions without taking into account are then to be taken over to the Meistbot without taking into account, if the one from the serviceability Authorized irrevocably declared to pay the value of the serviceability determined by the expert. "

Article 177 (4) shall be replaced by the name "§ 177a" and shall be amended as follows:

(a) the following heading is inserted:

"Unallowable Bidding Arrangements" ;

(b) The previous text shall receive the sales designation "(1)" ;

(c) (1) the following para. 2 and 3 shall be added:

" (2) The judge may impose an administrative penalty of up to EUR 10 000 on a person who, during the auctioning procedure, tries to close or conclude agreements within the meaning of paragraph 1.

(3) The judge may exclude a person from bidding which, before or during the auctioning date, closes or tries to conclude agreements in the sense of paragraph 1. "

13. According to § 187, the following § 187a is inserted:

" Lifting of the surcharge

§ 187a. (1) At the request of the party responsible, the surcharge of a property shall be repealed and, until the decision is taken, to postpone the executive proceedings if:

1.

during the executive procedure of a legal representation, was not legally represented, and the proceedings were not subsequently approved,

2.

certifies that the auctioned property serves the satisfaction of their urgent housing needs, and

3.

certifies that it has fulfilled the claim to be introduced.

(2) The surcharge shall also be waived in the event of the conditions set out in paragraph 1 (1) and (2), even if the party responsible has brought proceedings against the invalidity pursuant to paragraph 1 (1) (1) of the exectation title on which the executive proceedings are based. and certifies that:

1.

it required legal representation in this procedure and was not legally represented; and

2.

the demand on which the forced auction is based does not exist.

(3) The surcharge shall not be waived if the fact that the party was required to have a legal representation and was not legally represented could have already been asserted in the proceedings or claimed without success .

(4) The request for waiving shall be affixed within four weeks from the date on which the decision on the award of the surcharge of the party responsible has been effectively served. In any event, the deadline does not begin before the legal force of the surcharge. The application may be made at the latest within three months of the date of the auctioning. Prior to the decision to cancel the surcharge, the creditor and the creator are to be heard (Section 55 (1)).

(5) Prior to the entry of the legal force of the decision on the cancellation of the surcharge, there shall be no resettlement. "

14. § 196 (1) last sentence is replaced by the following sentences:

" if the provider does not provide the security or if he does not apply for improvement, he/she shall be subject to a penalty of up to EUR 10 000. If the overbot is indeterminate, it is to be rejected without an improvement order. "

15. § 198 (1) first sentence is repealed.

16. In Section 230 (1), the reference "§ 276 ABGB" by reference "§ 270 ABGB" replaced.

17. In Section 249 (3), the second sentence is repealed.

18. In § 278 para. 1 second sentence, the quote shall be "§ 179" replaced by the following citation: § § § 177a, 179 " .

19. § 292l (1) the following sentences are added:

" If the third party debtor is not entitled to a list of the open claim, the execution shall be stopped at his request. Prior to the decision, the creditor shall be heard (Section 55 (1)). "

The following paragraph 4 is added to § 312:

"(4) If the third party debtor has redeemed all claims together with additional charges, the executive procedure shall be set at the request of the party responsible or the third party."

21. § 370 reads:

" § 370. In order to secure monetary claims, provisions adopted by domestic civil courts in non-contentious legal matters may be used, sometimes not fully enforceable, as well as on the basis of final shares and payment orders National civil courts before the entry of their legal force or before the expiry of the period specified for the performance shall be authorised, upon request, to take the necessary action if the court is to be credited with the absence of such acts Introduction of the amount of money required by the courts is foiled or significantly impeded , or that, for the purposes of its application, the decision would have to be enforced in States where the enforcement of the claim is not secured by international law or by Union law. "

22. In § 377 (4), the reference "§ 376 (1) (1) to (3)," by reference "§ 376 (1) (1) or (3)" replaced.

23. § 379 para. 2 Z 2 reads:

" 2.

if the decision would have to be enforced in States where the enforcement of the claim is not secured by international law or by Union law. "

24. In § 381 Z 1 the sentence is after the Strichpunkt:

"It is to be regarded as such a heavyweight if the decision would have to be enforced in states where the enforcement of the claim is not secured by international law treaties or by Union law;"

25. In Section 382c (3) (2), the word shall be: "Youth Welfare Carrier" by the words "Children's and youth welfare carriers" replaced.

Section 393 (3) first sentence reads as follows:

"(3) In the case of a temporary inversion, the requesting party may be applied to impose the amount of money required for the enforcement of the issued order in advance of the court."

27. § 397 para. 1 first sentence reads:

"The opponent of the party at risk and the third party debtor may object to the granting of a temporary insecurity if they have not already been heard before the decision is taken."

28. The heading before § 403 reads:

" Third Part

Accompanying Regulations "

29. In accordance with § 403, the following provision shall be inserted:

" Business distribution in executive actions and applications

§ 403a. (1) complaints and applications pursuant to § § 35 and 36 between spouses from the marriage relationship, both during and after the dissolution of the marriage, between registered partners from the partnership relationship both during and after the dissolution of the Partnership as well as between parents and children from the parent-child-relationship belong in the department responsible for the family legal matter.

(2) All other actions in accordance with § § 17, 35, 36 and 37 shall be dealt with by the department dealing with the cases of executive orders. "

30. The following heading is inserted before § 404:

" Fourth Part

Entry into force, conclusion and transitional provisions "

31. In accordance with § 416, the following § 417 shall be added together with the heading:

" Entry into force and transitional provisions on EO-Novelle 2014

§ 417. (1) § § 1, 18, 45, 65, 150, 177, 177a, 187a, 196, 249, 278, 292l, 312, 370, 379, 381 and 397 in the version of the EO-Nov. 2014, BGBl. I n ° 69/2014, enter 1. October 2014, in force. Unless otherwise specified in the following, they shall apply to executive proceedings in which the executive order shall be submitted to the court after 30 September 2014.

(2) § 1 Z 8 in the version of the EO-Nov. 2014, BGBl. I n ° 69/2014, is applicable if the court decision on the asset-legal order has been issued after 30 September 2014.

(3) § § 35, 36, 38 and 403a in the version of the EO-Nov. 2014, BGBl. I n ° 69/2014, enter 1. Jänner 2015 in force; they shall apply if the procedural document has been received by the court after 31 December 2014.

(4) § 42 in the version of the EO-Nov. 2014, BGBl. I n ° 69/2014, occurs with 1. Jänner 2015 in force and shall apply if the application for deferment after 31 December 2014 is received by the court.

(5) § 45 (3) in the version of the EO-Nov. 2014, BGBl. I No 69/2014, shall apply if the application for recruitment, restriction or deferment has been submitted to the Court after 30 September 2014.

(6) § 65 in the version of the EO-Nov. 2014, BGBl. I n ° 69/2014, shall apply if the decision of the first instance is after 30 September 2014.

(7) § § 86b and 86c in the version of the EO-Nov. 2014, BGBl. I n ° 69/2014, join with 11. Jänner 2015 in force.

(8) § 150 (1a) in the version of the EO-Nov. 2014, BGBl. I No 69/2014, shall be applied if the estimate is ordered after 30 September 2014.

(9) § § 177, 177a and § 278 in the version of the EO-Nov. 2014, BGBl. I n ° 69/2014, shall apply if the agreement has been completed or attempted to be concluded pursuant to Section 177a (1) after 30 September 2014.

(10) § 187a in the version of the EO-Nov. 2014, BGBl. I No 69/2014, shall apply if the surcharge is granted after 30 September 2014.

(11) § 196 in the version of the EO-Nov. 2014, BGBl. I No 69/2014, shall apply if the overbot is brought to court after 30 September 2014.

(12) § 292l (1) and § 312 (4) in the version of the EO-Nov. 2014, BGBl. I No 69/2014, shall apply if the application for recruitment has been submitted to the Court of First Instance after 30 September 2014.

(13) § 397 in the version of the EO-Nov. 2014, BGBl. I No 69/2014, shall apply if the incontentive disposal is granted after 30 September 2014. "

Article 2

Amendment of the law on the law of enforcement

The law on law enforcement, BGBl. I n ° 31/2003, as last amended by the Bankruptcy Amendment Accompanying Act, BGBl. I n ° 58/2010, is amended as follows:

1. § 2 shall be amended as follows:

(a) In Z 3, the amount of "6 Euro" by the amount of "7,50 Euro" replaced.

(b) In Z 4, the amount of "7 Euro" by the amount of "9 Euro" replaced.

2. § 6 para. 2, first sentence reads:

" (2) The remuneration for

1.

Confesation, unless payment of the entire claim is made in the case of the same enforcement attempt,

2.

payment,

3.

Proof of payment from the second enforcement test and

4.

Recovery

are next to each other. "

3. The paragraph designation "§ 8a" is given by the name "§ 8b" ; in § 8b, the second sentence shall be replaced by the reference "§ 11 (1)" by reference "§ 8a" replaced.

4. In accordance with § 8, the following § 8a is inserted:

" Payment

§ 8a. In the case of execution due to money claims, with the exception of the execution on the immovable property, the remuneration shall be from the total amount paid to the bailiff or taken away from him:

to

150 Euro ....................................................... 5.0%,

from

Amount of up to 400 Euro ............................... 3.0%,

from

Amount of up to EUR 800 ............................... 1,5%,

from

Multi-amount up to EUR 4 000 ............................ 1,0%,

from

Multi-amount up to EUR 8 000 ............................ 0.7%,

from

Multi-amount up to EUR 50 000 .......................... 0.3% and

from

More than EUR 50 000 ....................... 0.15%,

but at least 6 euros. "

5. § 11 is amended as follows:

(a) Paragraph 1 is repealed.

(b) paragraph 2 shall be replaced by the sales "(1)" ; in this paragraph, the citation shall be " 1 " by quoting "§ 8a" replaced.

(c) (3) to (5), the sales names "(2)" to "(4)" .

(d) In paragraph 4, the turn shall be: "according to para. 1 to 4" through the turn "according to para. 1 to 3" replaced.

6. In § 15, the amount of "4,50 Euro" by the amount of "6 Euro" replaced.

7. In § 16, the amount of "4,50 Euro" by the amount of "6 Euro" replaced.

8. In § 17, the words "in the family" .

9. § 19 (1) is amended as follows:

(a) In Z 1, the amount of "95 cents" by the amount of "1,10 Euro" replaced.

(b) In Z 2, the amount of "1.40 Euro" by the amount of "1.60 Euro" replaced.

(c) In Z 3, the amount of "2 Euro" by the amount of "2,30 Euro" replaced.

d) In Z 4 lit. a shall be the amount of "2,70 Euro" by the amount of "3 Euro" replaced.

(e) In Z 4 lit. (b) the amount of "3,20 Euro" by the amount of "3,60 Euro" replaced.

10. In accordance with § 34, the following § 35 together with the title is added:

" Entry into force and transitional provisions on EO-Novelle 2014

§ 35. (1) § § 2, 6, 8a, 8b, 11, 15, 16 and 19 in the version of the EO-Nov. 2014, BGBl. I n ° 69/2014, enter 1. October 2014, in force.

(2) § 2 in the version of the EO-Nov. 2014, BGBl. I n ° 69/2014, shall apply if the application for the executive order or the application for a new implementation has been received by the court after 30 September 2014.

(3) § § 6, 8b, 11, 15, 16 and 19 in the version of the EO-Nov. 2014, BGBl. I No 69/2014, shall apply if the contract of enforcement is granted after 30 September 2014.

(4) § 8a in the version of the EO-Nov. 2014, BGBl. I No 69/2014, shall apply if the payment is made after 30 September 2014. "

Article 3

Amendment of the Law on the Rights of the Law

The law-making law, BGBl. No. 560/1985, as last amended by the Child and Naming Rights Amendment Act 2013, BGBl. I n ° 15/2013, shall be amended as follows:

1. In Section 19 (1), at the end of Z 4, the point shall be replaced by a line-point and the following Z 5 shall be added:

" 5.

the decision on applications pursuant to § § 35 and 36 EO in matters relating to maintenance after Z 1 and 4. "

2. § 45 the following paragraph 9 is added:

" (9) § 19 in the version of the EO-Nov. 2014, BGBl. I n ° 69/2014 comes with 1. Jänner 2015 in force; the provision shall be applied if the procedural document has been received by the court after 31 December 2014. "

Article 4

Amendment of the Court Fees Act

The court fee law, BGBl. No 501/1984, as last amended by the Administrative Jurisdictions-Adaptation Law-Justice, BGBl. I No 190/2013, shall be amended as follows:

1. In § 2 Z 1 lit. e will be after the quote "§ 7a EO" the phrase "and for objections in accordance with § 35 (2) and Article 36 (2) of the EO in proceedings in addition to disputes in respect of the exectable items in maintenance matters and maintenance of the maintenance of the maintenance of the goods" inserted.

2. § 6a and the title shall be repealed.

3. In Section 7 (1), the following Z 3a shall be inserted after Z 3:

" 3a.

in the case of electronic queries, the transfer or settlement offices charged with the access, which shall carry out queries on behalf of the end-users; "

4. In § 23 (2), after the word "Comparison fee" the phrase "as well as the flat-rate fee for objections under § 35 (2) and § 36 (2) EO against the execration title in maintenance matters and maintenance of the maintenance of the maintenance of the goods" inserted.

5. In § 31 (4), the phrase "The Cost Officer" through the turn "The Board of Management (§ 6 GEG)" replaced.

(6) In tariff post 7, the following note 7a is inserted after note 7:

" 7a. For objections under § § 35 (2) and (36) (2) EO in proceedings in addition to disputes against the execration title in maintenance and maintenance cases, the lump sum fee is 102 euros. "

(7) In tariff post 13a, the word shall be: "Legal Department" by the word "Legal Department" replaced.

8. In tariff post 14 Z 7, the parenthesis shall be "(§ 15 of the Insolvency Law introduction Act)" by the parenthesis expression "(§ 269 para. 2 IO)" replaced.

9. In tariff post 14 the following Z 16 is added after Z 15:

Rate post

Subject matter

Level of charges

14

" 16.

for electronic insight into the business registers of procedural automation justice per business case which has been requested

21 cents "

10. In the case of subheading 14, the following notes 7 and 8 are added after note 6:

" 7.

The access to the Edict file as well as short messages from it (§ 89k para. 1, 3 and 4 GOG) are free of charge.

8.

If a transfer or settlement office is used for the interrogation in accordance with subheading 14 Z 16, it may be awarded to the requesting party by the Federal Minister of Justice for an appropriate surcharge for his/her own activity to the unleasable flat-rate charges. "

11. In Art. VI the following Z 56 is added:

" 56.

§ § 2 and 23 as well as the tariff post 7 in the version of the Federal Law BGBl. I n ° 69/2014 are 1. January 2015 in force and apply to applications that have been submitted to court after 31 December 2014. § 6a enters into force with 1. Jänner 2015 but not force. § 7 and the collective bargaining agreement 14 in the version of the Federal Law BGBl. I n ° 69/2014 are 1. January 2015 in force and shall be applied to queries that will be carried out after 31 December 2014. Section 31a shall apply to the charges newly created or amended by this Federal Act, subject to the proviso that the initial basis for the redetermination of these fee amounts shall be the final index number of the amount of the fee for May 2013 published by The Federal Statistical Office of Statistics Austria is the consumer price index 2000. "

Article 5

Amendment of the Insolvency Code

The insolvency order, RGBl. No 337/1914, as last amended by the Company Law Amendment Act 2013, BGBl. I No 109/2013, shall be amended as follows:

1. § 20 (4) (1) and (2) are:

" 1.

In Annex II to Regulation (EU) No 575/2013 on the prudential requirements of credit institutions and investment firms and amending Regulation (EU) No 648/2012, special off-balance-sheet financial transactions, including derivative financial transactions Instruments for the transfer of credit risks,

2.

sold interest rate, currency, precious metal, commodity, equity and other securities options, as well as options on indices, "

2. § 20 (4) (3) and (4) are:

" 3.

Pension transactions (Section 50 (1) of the Federal Elections Act and Article 4 (1) (83) of Regulation (EU) No 575/2013) and

4.

Securities lending and securities lending operations, "

3. In accordance with § 276, the following § 277 is added:

" Entry Into Force of the Executive Order-Novelle 2014

§ 277. Section 20 (4) in the version of the Executive Order-Novelle 2014, BGBl. I n ° 69/2014, occurs with 1. Jänner 2014 in force. "

Fischer

Faymann