Exekutionsordnungs Amendment To 2014 - Eo Nov. 2014

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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_69/BGBLA_2014_I_69.html

69. Federal law, with the execution order, the full fees Act, the registrars Act, the court fees Act and the insolvency regulations be changed (Exekutionsordnungs-Novelle 2014 - EO-Nov. 2014)

The National Council has decided:

Article 1

Change the execution order

The execution order, RGBl. No. 79/1896, last amended by Federal Law Gazette I no. 33/2013, is amended as follows:

1. paragraph 1 Z 8:



"8 final findings of the criminal courts, which speak of the decay, the advanced decay, the confiscation or the confiscation of assets or objects or the confiscation or the recovery of seized or confiscated assets (section 115a StPO), on the enforcement of a foreign judgment in criminal cases concerning financial arrangements (section 65 ARHG, section 52d EU-JZG), about the costs of criminal proceedings or of the private claims fare or an ordered Security revoked explain;"

2. paragraph 18 No. 1:



"1. If the execution on a domestically located and registered in a public book immovable property or rights from bücherlich registered, District Court, where is located the deposit of immovable assets;"

3. section 35 is amended as follows:

a) para 2 first sentence reads:

"(2) these objections are without prejudice to a possible appeal against the approval of the execution, in the way of the action before the Court to assert that approved the execution in the first instance."

(b) in paragraph 2, the following records inserted after the second sentence:

"Did the title of execution in a maintenance thing, the objections at the court competent for this thing in the nature of proceedings provided for this claim are so. No Austrian Court is responsible for the maintenance thing so the Court is responsible for such objections, if otherwise resulting from Union or international law, which approved the execution in the first instance."

c) paragraph 3 is as follows:

"(3) all objections that it was able to bring the debtor party at the time of the assertion in court or at the time of the intervention at one of the authorities referred to in paragraph 2, must be claimed at the same time from other exclusion. This does not apply for matters relating to maintenance, the person committed to the maintenance objects change of conditions, due to which the claim is fully or partially extinguished or inhibited."

4. § 36 para 2 and 3 are:

"(2) the complaint is to bring to the Court approved the execution in the first instance. The title of execution in the case of a work ASGG acted according to § 50, the action before the Court is to install, where the process at first instance was pending. Did the title of execution in a maintenance thing, so are the objections at the court competent for this matter in the nature of proceedings provided to assert. Article 35 paragraph 3 first sentence about the connection of all objections, that it was able to bring the debtor party at the time of the assertion, is to apply.

(3) if legally upheld the objections, the execution is set."

5. paragraph 38 paragraph 2:

"(2) for proceedings after the sections 35, 36 and 37 domestic jurisdiction can be not justified 1 or 3 JN 104 paragraph pursuant to §."

6 § 42 para 1 sub-para. 5 is:



"5. If objections are judicially asserted after the sections 35 or 36 or complaint will be charged according to § 37, if for other reasons on inadmissible statement of execution is accused (§ 39 para 1 sub-para. 5) or if objections to the claim the Authority collected, from which one Nos. 10 and 12 to 14 stated execution titles; went out which in section 1"

7 paragraph 45 para 3:

"(3) if not for individual cases, something else is arranged or is already a final decision about the setting, restriction or deferment of the execution procedure the application is manifestly unjustified, are the parties before deciding on applications for setting to hear restriction or deferment of the execution process, not of the attaching creditor itself provided, (§ 55 section 1)."

8 § 65 paragraph 3 is replaced by the following paragraphs:

"(3) § 521a ZPO shall only apply, if"



1 it's decisions on the costs of the execution proceedings or 2. is's decisions on the application for adjustment, restriction or deferment of execution or 3. This is otherwise arranged in this law.

(4) the children and youth welfare carrier intervene as a party or counsel, such representation is not compulsory for him. "He is anwaltlich equal to keep parties represented."

9. under section 86a, the following fourth title is inserted:

"Fourth title

Supplementary provisions to the regulation on mutual recognition of protection measures in civil matters

Jurisdiction

§ 86 b. (1) the District Court where the protected person has its general place of jurisdiction in disputes, is responsible for



1. the order of the execution of a foreign protection measures according to the Regulation (EU) No. 606/2013 on the mutual recognition of protection measures in civil matters (EuSchMaVO) and the decision on the application for execution due to a such protective measures as well as 2 the adjustment under article 11 EuSchMaVO.

The protected person has its general place of jurisdiction in disputes not domestically, the District Court of inner city of Vienna is responsible.

(2) the District Court, which ordered the enforcement of a protection measure or that approved the execution, is responsible for



1. the refusal of recognition or enforcement under article 13 EuSchMaVO, and 2. the suspension of recognition or enforcement under article 14 para. 2 EuSchMaVO.

Procedure the adoption of protective measures

§ 86c. (1) the protected person has an application for adjustment of management measures (art. 11 EuSchMaVO) to specify the desired adjustment.

(2) the Court on the request without deciding hearing the person causing danger; This can raise contradiction in the meaning of § 397 (2) against the decision on adjustment.

(3) the cost compensation in the proceedings on the adjustment of management measures depends on the provisions of the CCP."

10. in article 146, paragraph 1, the quote "Z 1-3" is replaced by the quote "Z 1-3a".

11 paragraph 150 ABS. 1a:

"(1a) easements that serve the grid-bound energy supplies and are not to accept other provisions without credit on the best bid, are then without credit on the best bid to take over if he irrevocably declared legitimate from the easement, to pay the value of the easement by the experts."

12 article 177 paragraph 4 is labeled "section 177a" and is amended as follows:

a) following heading shall be inserted:

"Invalid bidder collusion";

(b) the existing text is paragraph labeled (1);

c) para 1 shall be added following paragraph 2 and 3:

"(2) the judge may impose a fine up to 10 000 EUR over a person who during the auction procedure closes agreements within the meaning of paragraph 1 or is trying to close.

(3) the judge may exclude a person from offering, before or during the auction deadline closes agreements within the meaning of paragraph 1 or tried to close."

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

"Lifting of the surcharge

section 187a. (1) at the request of the obligated party, the payment of real estate is to pick up and to postpone the execution procedure until the decision about it, if they



1 during the execution procedure a legal representative was required, was not legally represented and the prosecution was not subsequently approved, 2. to certify that the auctioned property is used to meet their urgent need for housing, and 3. to certify that she met to be in demand.

(2) the surcharge is to repeal Nos. 1 and 2 even if the conditions of paragraph 1 if the obligated party has asserted legal nullity referred to in paragraph 1 No. 1 of the execution track underlying enforcement proceedings and to certify that



1. a legal representative was required in this procedure and was not legally represented and 2 the claim underlying the foreclosure is not.

(3) the penalty should not be repealed if the fact that the obligated party of a legal representative was required and was not legally represented, already had may be claimed in the proceedings or has been asserted without success.

(4) the claim for annulment is to install within four weeks from the date when the decision on the grant of the aggregate of the obligated party was effectively delivered to. In any case, the period does not begin before the legal force of the aggregate. The application can be made at the latest within three months after the date of the auction. Before the decision on the suspension of the payment of its creditors and the Furthermore are to hear (§ 55 section 1).

(5) prior to the introduction of the legal force of the decision on the lifting of the surcharge no reversal will take place."

14 § 196 para 1 last sentence is replaced by the following sentences:


"The high bidder not imposed the security deposit or it does not fulfil an improvement order, a fine is about him to impose up to EUR 10 000. "Is that emanate indefinitely, it's like without reject improvement order."

15 § 198 subsection 1 first sentence shall be repealed.

16. in article 230, paragraph 1 the reference is "§ 276 ABGB" by reference "section 270 ABGB" replaced.

17. in article 249, paragraph 3, the second sentence is repealed.

18. in article 278, paragraph 1, second sentence, is replaced the quote "section 179" by the following quote: "articles 177a, 179".

19 § 292l para 1 are attached the following records:

"A list of the outstanding receivable does not come to the debtor, the execution is at his request to set. "Prior to the decision of its creditors is to hear (§ 55 section 1)."

20 the following paragraph 4 is added to § 312:

"(4) has the third party debtor satisfied all claims together with additional charges, to adjust the execution procedure is at the request of the obligated party or of the debtor."

21 paragraph 370:

"§ 370. For securing monetary claims can because of the domestic civil courts in contentious legal Affairs adopted, for the time being not yet enforceable injunctions, as well as on the basis of final decisions and payment orders of domestic civil courts before their legal force or before expiry of the period for the performance at the request the carrying out enforcement actions are granted if the Court is made believable, that without the introduction of judicially recognized debt would be thwarted or considerably impeded, or that for the purpose of their introduction of the Decision in States would have to be enforced, where the enforcement of the claim by international treaties or European Union law is secured."

22. in section 377, paragraph 4, the reference is "article 376, paragraph 1 Z 1-3," with the reference "article 376, paragraph 1 Z 1 or 3" replaced.

23 § 379 para 2 subpara 2 is:



"2. If the States decision would have to be enforced, where enforcement of the claim by international treaties or European Union law secured."

24. in article 381, the phrase is no. 1 after the semicolon:

"as such aggravation it is to look at the decision in States would have to be enforced, where the enforcement of the claim by international treaties or European Union law is secured;"

25. in section 382c para 3 No. 2 is "Youth welfare institution" the words "Children and youth help carriers" replaced by.

26 § 393 para 3 first sentence reads:

"(3) in granting an interim injunction can be worn on the applicant party, in advance to pay the amount of money necessary for the enforcement of the adopted available."

27 § 397 para 1 first sentence reads:

"Against the granting of an interlocutory injunction the opponent of the injured party and the third party debtor can opposition, if they were not already questioned prior to resolution."

28. the heading before section 403 is as follows:

"The third part

Accompanying regulations"

29. According to § 403, following provision shall be inserted:

"The allocation of business execution legal complaints and applications

section 403a. (1) actions and claims according to the sections 35 and 36 between spouses from the marriage relationship belong in the Department responsible for the case of the family both during and after the dissolution of the marriage between registered partners of the partnership relationship both during and after the dissolution of the partnership, as well as between parents and children from the parent child relationship.

(2) all other charges are according to §§ 17, 35, 36 and 37 of the Department involved in enforcement matters edit."

30 before paragraph 404, the following heading shall be inserted:

"Part four

Entry into force, final and transitional provisions"

31. under section 416, 417 the following section including headline is attached:

"Entry into force and transitional provisions to the EO Act 2014

§ 417 (1) articles 1, 18, 45, 65, 150, 177, 177a, 187a, 196, 249, 278, 292 l, 312, 370, 379, 381, and 397 in the version of the EO Nov. 2014, Federal Law Gazette I 69/2014, will take no. 1 October 2014 effect. They are, as far as hereafter nothing more is intended to apply enforcement proceedings where the execution request received after September 30, 2014, at court.

(2) § 1 Z 8 in the version of the EO Nov. 2014, Federal Law Gazette I no. is 69/2014, to apply when the Court decision regarding the financial arrangement is issued after September 30, 2014.

(3) sections 35, 36, 38 and 403a amended the EO Nov. 2014, Federal Law Gazette I 69/2014, contact no. 1 January 2015 in force; they are to apply when the procedure document instituting brief received after December 31, 2014, at court.

(4) section 42 amended the EO Nov. 2014, Federal Law Gazette I no. 69/2014, 1 January 2015 into force and shall apply if the deferment request received after December 31, 2014, at court.

(5) § 45 para 3 as amended by the EO Nov. 2014, Federal Law Gazette I no. is 69/2014, to apply when the setting, restriction or deferment request received after September 30, 2014, at court.

(6) § 65 amended the EO Nov. 2014, Federal Law Gazette I no. is 69/2014, to apply, if the decision of first instance on 30 September 2014.

(7) §§ 86 b and 86 c in the version of the EO Nov. 2014, Federal Law Gazette I 69/2014, will take no. 11 January 2015 effect.

(8) section 150 para 1a in the version of the EO Nov. 2014, Federal Law Gazette I no. is 69/2014, to apply, if the appraisal is ordered after September 30, 2014.

(9) § § 177, 177a and § 278 in the version of the EO Nov. 2014, BGBl. I 69/2014, are to apply, when was the agreement concluded pursuant to section 177a para 1 to September 30, 2014, or trying to complete.

(10) section 187a of the version of the EO Nov. 2014, Federal Law Gazette I no. is 69/2014, to apply when the contract is awarded after September 30, 2014.

(11) article 196 in the version of the EO Nov. 2014, Federal Law Gazette I no. is 69/2014, to apply when the favorable received after September 30, 2014, at court.

(12) § 292l (1) and § 312 paragraph 4 as amended by the EO Nov. 2014, BGBl. I 69/2014, are to apply, if the request for setting received after September 30, 2014, at court.

(13) § 397 in the version of the EO Nov. 2014, Federal Law Gazette I no. is 69/2014, to apply, if the injunction is granted after September 30, 2014."

Article 2

Amendment of the full fees Act

The full fees Act, Federal Law Gazette I no. 31/2003, amended by the Insolvenzrechtsänderungs accompanying Act, Federal Law Gazette I no. 58/2010, is amended as follows:

1. Article 2 is amended as follows:

(a) in no. 3, the amount of "$6" is replaced by the amount "7.50 euros".

(b) in no. 4, the amount of "7 euros" is replaced by the amount "EUR 9".

2. § 6 para 2 first sentence reads:

"(2) the remuneration for"



1 attachment, if not the same enforcement attempt, payment will be made of the entire claim, 2. payment, 3. proof of payment from the second execution attempt, and 4 recovery are next to each other.'

3. the paragraph label "§ 8a" is with the label "section 8 b" replaced. in article 8 b, second sentence, the reference to "article 11 par. 1" by the reference to "paragraph 8a" is replaced.

4. According to article 8, the following paragraph 8a is inserted:

"Payment

§ 8a. The execution because of pecuniary claims, except in the execution on immovable property, is the compensation by the amount of total paid to the bailiff or taken away by him:



bis
150 Euro ....................................................... 5.0% of the additional amount up to 400 euro... 3.0% of the additional amount up to 800 euros. 1.5% of the additional amount up to EUR 4 000. 1.0% of the additional amount up to EUR 8 000. 0.7% of the additional amount up to EUR 50 000. 0.3% and the additional amount of EUR 50 000... 0.15%, but not less than 6 euro."

5. Article 11 is amended as follows:

a) paragraph 1 shall be repealed.

b) par. 2 receives the sales designation (1); in this paragraph, the quote "Paragraph 1" by the quote "§ 8a" is replaced.

c) para 3 to 5 paragraph names (2) get up (4).

(d) in paragraph 4, the phrase "according to par. 1 to 4" is replaced by the phrase "according to para 1 to 3".

6. in article 15 the amount is replaced each "4.50 euros" by the amount of "$6".

7. in article 16, the amount of '4,50 euro' is replaced by the amount of "$6".

8. in article 17, the words "in the family" are eliminated.

9 § is amended 19 paragraph 1 as follows:

(a) in Z 1, the amount of "95 cents" is replaced by the amount of '1,10 euro'.

(b) in item 2, the amount of "1.40 euros" is replaced by the amount of "1.60 Euro".

(c) in no. 3, the amount of "2 euro" is replaced by the amount "2.30 euros".

(d) in Z 4 lit. the amount "2.70 euros", a is replaced by the amount of "Euro 3".

(e) in Z 4 lit. the amount "3.20 euros", b is replaced by the amount of "3.60 euros".

10. According to § 34, 35 the following paragraph and heading is attached:

"Entry into force and transitional provisions to the EO Act 2014


35. (1) paragraphs 2, 6, 8a, 8B, 11, 15, 16 and 19 in the version of EO Nov. 2014, Federal Law Gazette I 69/2014, will take no. 1 October 2014 effect.

(2) § 2 in the version of the EO Nov. 2014, Federal Law Gazette I no. is 69/2014, to apply when the execution request or the request for new law enforcement received after September 30, 2014, at court.

(3) sections 6, 8 b, 11, 15, 16 and 19 in the version of the EO Nov. 2014, Federal Law Gazette I 69/2014, are to apply if the enforcement order is issued after September 30, 2014.

(4) § 8a into the socket of the EO Nov. 2014, Federal Law Gazette I no. is 69/2014, to apply if payment is made after September 30, 2014."

Article 3

Amendment of the registrars Act

The registrars Act, Federal Law Gazette No. 560/1985, as last amended by the minors and name Law Amendment Act 2013, Federal Law Gazette I no. 15/2013, is amended as follows:

1. in article 19, paragraph 1, at the end of the Z 4 the point replaced with a semi-colon and following Z 5 added:



"5. the decision on applications by the sections 35 and 36 EO in matters relating to maintenance to Nos. 1 and 4."

2. § 45 the following paragraph 9 is added:

"(9) section 19 as amended by the EO Nov." 2014, Federal Law Gazette I no. 69/2014 effective with January 1, 2015; the provision is to apply when the procedure document instituting brief received after 31 December 2014 in court."

Article 4

Amendment to the court fees Act

The court fees Act, Federal Law Gazette No. 501/1984, amended by the Verwaltungsgerichtsbarkeits adjustment law justice, Federal Law Gazette I no. 190/2013, is amended as follows:

1. in article 2 subpara 1 lit. e is for the quote "§ 7a EO" the phrase "and objections according to § 35 par. 2 and § 36 para 2 EO in procedure except for litigation against execution title in matters relating to maintenance and maintenance advance matters each" inserted.

2. § 6a together with heading shall be repealed.

3. in article 7, paragraph 1, 3a is inserted after the Z 3 following Z:



"3a. electronic queries you commissioned delivery or clearinghouses that perform queries about job of consumer; access"

4. in article 23, paragraph 2, the phrase "as well as the flat-rate fee for objections according to § 35 par. 2 and § 36 para 2 EO against execution title in matters relating to maintenance and maintenance advance matters" is inserted after the word "Comparison fee".

5. in article 31, paragraph 4, the phrase "The cost officials" by the phrase is "the notices of payment due authority (§ 6 GEG)" replaced.

6. in the tariff post 7, 7 following note 7a is inserted after the note:

"7a. for objections according to §§ 35 paragraph 2 and 36 para 2 EO in methods other than litigation against execution title in matters relating to maintenance and maintenance advance things is the flat fee 102 euro."

7. in the tariff post 13a "Legal Department" is replaced by the word "Legal".

8. in the tariff post 14 Z 7 is the parenthetical expression (§ 15 of the insolvency introduction statute law) by the parenthetical expression "(§ 269 Abs. 2 IO)" replaced.

9 the tariff post 14 15 following Z 16 attaches to the Z:



Collective post





Subject





Amount of fees







14







"16 for the electronic insight into the process automation business register justice per business case calibre from"



21 cents"





10 in tariff post 14 6 following notes 7 and 8 be added to the note:



"7 inspection of the edict file, as well as short messages from it (§ 89 k para. 1, 3 and 4 GOG) are free of charge."

8 is to query rate post a delivery or settlement agent taken after 14 Z 16 claim, so to be a supplement to be approved by the Federal Minister of Justice appropriate for the own activity the query to the flat fees payable by you in court."

11. in article VI, 56 is appended following Z:



"56. § § 2 and 23 as well as the tariff post 7 as amended by the Federal Act Federal Law Gazette I 69/2014 will take no. 1 January 2015 effect and are to apply to applications after 31 December 2014 Court arrive. § 6a occurs with 1 January 2015 override. section 7 and the collective post 14 as amended by Federal Law Gazette I 69/2014 contact no. 1 January 2015 in force and are to apply to queries that are performed after 31 December 2014. "§ 31a is to apply on the newly created with this federal law or amended fees facts with the proviso, that starting point published for the new determination of the amounts of these fees for may 2013 final index number of the of the Federal statistics 2000 is Austria of suggested consumer price index."

Article 5

Amendment of the insolvency procedure

The insolvency regulations, RGBl. No. 337/1914, as last amended by the company law amendment Act 2013, Federal Law Gazette I no. 109/2013, is amended as follows:

1. § 20 para 4 Z 1 and 2 are:



"1. in annex II to Regulation (EU) No. 575/2013 of prudential requirements on credit institutions and investment firms, and for amending the Regulation (EU) No. 648/2012 called special off-balance sheet transactions, including derivative instruments for the transfer of credit risk, 2. sold interest rate, currency, precious metals, commodity, stock and other options and options on indices," 2. § 20 paragraph 4 Nos. 3 and 4 are:



"3. repurchase agreements (§ 50 para 1 Banking Act and art. 4 para. 1 No. 83 of Regulation (EU) No. 575/2013) and 4 value paper distribution and securities lending transactions," 3. According to § 276 277 the following paragraph is added:

"Entry into force provision to the amendment to the Exekutionsordnungs 2014

"§ 277. section 20 (4) as amended by the amendment to the Exekutionsordnungs 2014, Federal Law Gazette I no. 69/2014, 1 January 2014 into force."

Fischer

Faymann