Amendment Of Rules Of Procedure For The Courts Of I. And Ii. Instance (Geo.) The Authorization - And Recovery Regulation - Aev

Original Language Title: Änderung der Geschäftsordnung für die Gerichte I. und II. Instanz (Geo.) und der Abbuchungs- und Einziehungsverordnung – AEV

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_469/BGBLA_2013_II_469.html

469. Regulation of the Federal Minister of Justice, of the rules of procedure for the courts of I. and II. be changed instance (GEO.) and the regulation on the payment and collection of court fees (authorization - and recovery regulation - am.)

On the basis of § 17 of court bringing law (GEG), Federal Law Gazette No. 288/1962, last modified by the Verwaltungsgerichtsbarkeits adjustment Act Justice (VAJu), Federal Law Gazette I no. 190/2013, of article VII of the sixth court relief amendment, Federal Law Gazette No. 222/1929, as well as § 4 par. 6 of the court fees Act, Federal Law Gazette No. 501/1984, as last amended by the regulation Federal Law Gazette II No. 280/2013, is prescribed:

Article 1

Amendment of rules of procedure for the courts of I. and II. instance (GEO.)

The rules of procedure for the courts of I. and II. instance (GEO.), Federal Law Gazette No. 264/1951, as last amended by regulation Federal Law Gazette II No. 204/2013, is amended as follows:

1 in all relevant provisions, the paragraph numbering, as well as the final point be removed from the heading and the paragraph numbering used instead before the Paragrafentext.

2. § is amended 12 paragraph 2 as follows:

(a) in the first sentence after the word "will" the phrase ", as far as nothing else results from § 520a," added;

(b) in the Z 1 lit. c is the phrase "Court of II instance;" is replaced by the word "Oberlandesgericht";

(c) in the Z 2, the phrase "by the head of the institution" is replaced by the phrase "by its leadership and by the enforcement Directorate".

3. in article 35, paragraph 1 Z 5 is the reference "(§ 209 Abs. 2)" repealed.

The following paragraph 6 is added to § 4. 73:

"If (6) the travel Bill in an electronic business process creates the obligation to produce of a hand crafted travel invoice is omitted pursuant to par. 2."

5. in section 116, according to the par. 2 of the following paragraph 2a is inserted:

"(2a) discussion and vote of the full Senate in procedures according to the § 16 ABS. 3 and 16a para 1 are regulated by article 18 HCP HCP."

6 § 126 par. 2 lit. f is: "f) calls for the payment of a deposit, if legal consequences linked to its non-payment, and payment orders (§ 217) are extra card, to deliver direct debit ads (section 216) without extra card."

7 § repeals 131 Z 7.

8 in the third main piece is the title of the first chapter:

"Notices of payment due of fees, fines and costs"

9. the articles 209 to 211 are together with the heading:

"Jurisdiction

209. (1) court fees (§ 1 Z 1 GEG), fines (§ 1 Z 2 GEG) and cost (§ 1 Z 3 to 7 GEG) are from the after § 6 para 1 GEG competent authority, where appropriate, of the cost civil servants workers authorized to the issue of mandate notices (§ 6 par. 2 GEG) to calculate and to prescribe (notices of payment due authority).

(2) to decide on the enforceability, on applications for reinstatement and resumption in the notices of payment due procedure and objections according to § 35 EO, the notices of payment due authority (para. 1) is responsible, which issued the payment order.

Time of calculation and notices of payment due

Court fees are 210 (1) - except in the cases of paragraphs 212 and 213 - immediately after the emergence of the licence fee obligation (§ 2 GGG) to calculate and to prescribe.

(2) that are costs referred to in 5 and 7 GEG Z to calculate rule immediately after its occurrence or their determination and to prescribe, where appropriate after the legal force of the decision, with which the obligation to pay is set in § 1.

(3) the costs of the criminal proceedings are after its final termination to calculate and to prescribe.

(4) the amounts to be applied for third persons or bodies (§ 1 Z 6 GEG) is to prescribe only at the request of these persons or bodies.

(5) unless the calculation and notices of payment due is not automatically, it is on the outside of the Act can be seen to make (for example "charged to S 21. ("3rd March 2013, report").

Change of jurisdiction

211. (1) switches the competence to conduct the basic procedure (article 6, paragraph 1 GEG) to a court or other authority, then notices of payment due authority (section 209, paragraph 1) of the already incurred is so, but still not to communicate certain amounts with payment order.

(2) to decide on the performance against a mandate decision (§ 7 para 1 GEG) and the subsequent proceedings as well as in the cases of § 209 paragraph 2 remains the notices of payment due authority (§ 209 section 1) responsible, which has issued the decision. She has after her into the same basic procedures responsible to communicate which notices of payment due authority of the outcome of the notices of payment due."

10. in article 212, paragraph 2, the phrase "the cost officer" by the phrase is "the notices of payment due authority (§ 209 section 1)" replaced.

11 paragraph 212 para 3:

"(3) these regulations apply in other civil cases, administrative and criminal proceedings on the basis of a private prosecution by analogy."

12 214 paragraph with heading:

"Fees and costs Act

"The business pieces relevant in the course of the basic procedure for the formation of fees and costs are 214. (1) the fees and costs act together with the business parts of the notices of payment due procedure.

(2) in the schedule of fees and costs Act, the charges incurred in the course of the basic procedure and costs on a special sheet to be connected to the Act or in accordance with the technical possibilities are automatically recorded. This applies also in the case of legal aid or the personal exemption.

(3) the business parts of the notices of payment due process bear the reference number of the basic procedure. Against a payment order once an idea (§ 7 GEG) raised, is a part of Act with all for the idea of relevant business pieces of Alaska and is to make costs Act, to enter the in the justice administration register. This Act shall at least contain: 1. the basis for the calculation of the amounts which have been prescribed with the payment order, including - where available - the obligation to pay; counterclaims a copy of that decision from the basic procedure, the fact and the amount

2. documentation of transactions and remaining any unsuccessful collection attempts;

3. any direct debit ads, orders of improvement in and the documentation of any other communication with the debtor;

4. the contested payment order.

(4) a copy of the final decision on the idea is to convey to the schedule of fees and costs Act of the Department leading the basic procedure."

13. the heading to section 215 reads:

"The failure of the notices of payment due"

14 paragraph 215 section 1:

"(1) that has notices of payment due authority (section 209, paragraph 1) in the case of § 13 para 1 of the notices of payment due the fees and costs to refrain from GEG and failure of the notices of payment due in the manner referred to in article 214, paragraph 2, short for relevant reasons to note; "as far as the calculation is not automatically, is pointing to this notice on the outside of the Act under quote of the page number (for example" there have been no cost calculation, p. 25 ")."

15. the name of the chapter and the chapter heading before § 216 are repealed.

16 216 paragraph with heading:

"Display of direct debit

§ 216. (1) usually has the notices of payment due authority (section 209, paragraph 1) the due amounts to bring the debtor showing the debit note and urge them to pay within fourteen days (§ 6a paragraph 2 GEG). A display of direct debit can be avoided if the payment already arranged into the basic procedures and posted an account; It has to be avoided, if the confiscation of the Court or justice administration fees is unsuccessful. The handling of debit display does not automatically held evident is a directory for the calendar year to enter and original to take the fee and cost Act of the basic procedure.

(2) an appeal against the display of direct debit is not allowed, but can the debtor's errors in the calculation to draw attention."

17 217 paragraph with heading:

"Payment order

217. (1) if the two-week payment period has fruitlessly elapsed, confiscation is unsuccessful or the debtor to identify their missing willingness to pay have returned--say, by returning the debit display with a corresponding note -, has to adopt a payment order the notices of payment due authority (section 209, paragraph 1).

(2) the payment order has the name and the address (seat) of the debtor to the content mentioned in Article 6a, paragraph 1 JIT, to contain the regulations relevant for the calculation of the individual amounts and tax bases, the total resulting themselves from the owed amounts as well as the account of the Court. It is allowed to adopt a separate payment order, insofar as this is necessary for administrative-economic reasons depending on the maturity of the payment obligation.


(3) several debtors for the same amount to the severally liable as a shared payment order is to be issued for them in which these are to lead and to commit to the payment. You are to point out that the payment of the open total free all debtors of their obligation to pay. The collection fee in accordance with Article 6a, paragraph 1 JIT is to charge only once in the payment order irrespective of plurality of debtors.

(4) an amount for third parties is to bring (§ 1 Z 6 GEG), the name and address (the name and the seat) are on the payment order to be the beneficiaries. This applies as a job at the insertion point, to transfer the amount to the person.

(5) the payment order shall be notified to with proof of delivery. The clearance of the payment order does not automatically evident are kept, he is in a directory for the calendar year to enter and original to the schedule of fees and costs Act of the basic procedure to take."

18 § 218 is together with the heading:

"Template at the insertion point

218. (1) has the notices of payment due authority (section 209, paragraph 1) to monitor the receipt of fees or cost amount and pass enforceable payment orders to the insertion site; It has to specify what is known about the income and assets of the debtor and what amounts of money and items in accordance with § 5 were retained to GEG.

(2) the registration of the monies owed in the probate proceedings with display of direct debit or payment order is whether the notices of payment due authority (§ 209 section 1), after the payment order of the insertion point.

"(3) in the case of the opening of insolvency proceedings over the assets the debtor has the notices of payment due authority (§ 209 section 1) to submit a new direct debit or the payment order for those fees and charges which carried the facts triggering the obligation to pay, prior to the opening of the insolvency proceedings, the insertion point (section 11) and to indicate the opening of insolvency proceedings."

19. before paragraph 219, following chapter title is inserted:

"Chapter 2

Enforcement, refund and cancellation"

20 § repeals 219 subsection 3.

21 220 paragraph with heading:

"Insolvency proceedings

section 220. The application of the sums owed in insolvency proceedings is whether the insertion point."

22 § 226 lit. b is: "b) to the extent of the lapse of the obligation to pay small amounts (§ 11 ABS. 3 GEG) or § 232 par. 2, in succession (§ 9 ABS. 2 GEG) or, as far as amounts to repay are, to the extent of set-off;"

23 section 227 is repealed.

24 paragraph 229:

"§ 229. The number of files of the insertion point consists of the designation "Ziv" amounts of civil cases and administrative matters, "Str" amounts from criminal or "D" for amounts that lift up are for the benefit of third parties (§ 1 Z 6 GEG), the file number (article 374), the last two digits of the year of the attack and attached with a hyphen, the number of Department of the insertion point. Inspection of the files of the insertion site is not permitted, the parties."

25 paragraph 231 section 1:

"(1) requests for deferral or reduction of fees and charges are to introduce to the Chairperson of the higher regional court of Vienna. They placed the Department leading the basic procedure, they are directly to the President / the President of the higher regional court of Vienna to forward. Already, a payment order has been issued, whose legal force can wait and become the application together with the payment order to the Court of appeal sent to Vienna (insertion point)."

26 § repeals 231 paragraph 3.

27 in the heading to section 232, the word order is lifted "by the officials of the costs".

28. in § 232 par. 1 and 2 are:

"Amounts are 232 (1) to pay back, so has to have the notices of payment due authority (section 209, paragraph 1) - except in the cases of § 231, para 2 - the repayment of the payment statement provided for this purpose. The originals of the payment instructions are to the schedule of fees and costs Act of the basic procedure to take; a copy is to transmit the accounting agency of the Federal Government in the way of the accounting officer; the payment recipients are to communicate the repayment.

(2) as far as liability goes out after sending the final payment order at the insertion point (section 218a), has for now payment to the authority of the basic procedure, due to subsequent cancellation or amendment of the payment order or any subsequent statement of recovery (Article 235), the notices of payment due authority (§ 209 section 1) the insertion site with a deletion order stating the reason to communicate. The original of deletion available is to take to the schedule of fees and costs Act of the basic process."

29. in section 232, paragraph 3, the first sentence reads: "The accounting officer (the insertion point) have to consider the compliance of register moderate capture with HV-SAP and, where appropriate, to confirm the accuracy."

30. in section 232, paragraph 3, the phrase "the cost officials" by the phrase is "the notices of payment due authority (§ 209 section 1)" and the phrase "cost officials" replaced by the phrase "the notices of payment due authority (section 209, paragraph 1)".

31 § 232 par. 4 is cancelled.

32. the previous section 233 including heading is inserted as a new § 247 according to § 246; the following § 233 including heading takes the place of the previous section 233:

"Complaint, file submission to the Federal Administrative Court

233. (1) an appeal to the Federal Administrative Court is charged against the approval of the contribution authority, so the contribution authority can appeal with the appeal decision (§ 14 VwGVG) as inadmissible or late reject or decide in the matter. If the contribution authority apart from the issue of an appeal decision or the appellant make a template application (§ 15 para 2 VwGVG), she has to submit the complaint and if necessary the template request connection of the acts of the administrative procedure to the Federal Administrative Court.

(2) late payment complaints (§ 8 VwGVG) are now the Federal Administrative Court by connecting the acts of the administrative procedure to present the contribution authority not intended according to § 16 para 2 three months to catch up the ruling VwGVG, about, because it considers that the time limit under section 8 is not expired VwGVG or because the delay is based on an expected to continue existing, not in their sphere of obstacle. The authority in a report can hold these reasons, also to be submitted.

(3) include at least the Act pursuant to section 214, para 3 and all documents referring to files of the administrative procedure, which stood for the decision in first instance available, taking care to make sure that all relevant proof of delivery are connected. As far as the authoritative documentation of the decision is available only electronically, are the necessary printouts to produce. Section 179 paragraph 3 is to apply mutatis mutandis. If the Federal Administrative Court sought also the sending of the Basic Procedure Act, section 179, paragraph 4 is to apply mutatis mutandis."

33. 234 paragraph with heading:

"Introduction of fines and forfeited declared funds

Section 234. (1) for the recovery of fines, order and courage will penalties apart from those referred to in paragraph 2 and declared forfeited funds pursuant to § 1 Z 2 GEG shall apply the provisions of the first and second chapter with the following exceptions: 1 the introduction requires a written order of the decision-making body in the basic procedure, may be a notices of payment due In addition, it requires the legal force of the decision in the basic procedure, which was the penalty imposed or arranged the payment of the sums declared to be forfeited.

2. the notices of payment due of this amounts may not be combined with those other amounts. A display of direct debit cannot be adopted.

3. when amounts that flow to the administration of Justice, not according to special regulations or are dedicated to a specific purpose, is in the judicial order, which the notices of payment due is, arranged to call the place, which are to be paid the amounts.

Penalties imposed (2) by the insertion authorities are to collect GEG immediately pursuant to section 11."

34. 241 paragraph with heading:

"Bringing the costs of the execution and the accommodation in institutions according to §§ 21, 22 or 23 of the Criminal Code"

The cost of the execution of custodial sentences are imposed on the basis of the general penal laws including the cost of the screening to the start of the sentence, to be replaced are § 241 (1), if the costs of the criminal proceedings not for uncollectible, declared on the basis of the reports about the penal system (article 605) after serving the sentence, in the case of a conditional release after this, if but rises over the prison sentences of a year , after each for a year and then after serving the sentence or after the conditional release within the meaning of the 1st and 2nd chapter to introduce.


(2) if it is convenient and can be done without endangering the contribution, bringing the costs of the criminal proceedings with the introduction of the cost of operations for prisons, in particular the enforcement of short prison sentences, is to connect.

(3) to the replacement of detention costs pensions and pensions from social security, and according to the laws of supply and support amounts, which have been assigned to a detainees while in custody are also, as far as the execution is allowed, to use. Sums of money or other items to the recover of the refunding must be accessed, passed a prison of a prisoner, the Institute Director has thereof notify the trial court and to retain these items until the decision of the Court, provided that the value of these items total EO exceeds the unattachable allowance after section 291a para 1 No. 1 by at least half.

(4) penalty cost dentures may be driven only to the extent, as endangering necessary for leading a simple life maintenance of the person liable and his family, for whose maintenance he has to worry, nor the fulfillment of the criminal act obligation to make good the damage (article 391, paragraph 1 StPO).

(5) the provisions of paragraphs 1, 3 and 4 apply 22 or 23 of the criminal code the meaning according to the cost of accommodation in institutions according to §§ 21,."

35. paragraph 243:

"§ 243. The cost of enforcement of a sentence, no. 114/1857, imposed by a court order -, Mutwillens -, or coercive penalty (coercive) or according to the regulation regarding the treatment of angular writing, RGBl., shall be determined by the Court. The provisions of 1st and 2nd chapter apply to the introduction of, if not the cost were shot in prison by a party."

36. 244 paragraph with heading:

"Costs of the detention in a prison at the request of other authorities of the courts

section 244. Is carried out in a prison, of a sentence imposed by another authority, so the - Court unless the laws other - to determine the amount of compensation for the costs of the execution and to make its contribution within the meaning of the 1st and 2nd chapter. Subject is, predictably, when the authority informs the Court that its opinion the person sentenced unable is to reimburse the costs or if the Court on the basis of the known conditions of the punished declared the reimbursement of costs in the sense of § 391 StPO uncollectible."

37. §, 249 par. 2 shall be repealed.

38. in article 250 paragraph 3, the reference (§ 210) is repealed.

39. in article 252, paragraph 2 the reference "(§ 1 Z. 7 GEG 1948) is" by "(§ 1 Z 6 GEG)" and the reference of "(§ 234 Z. 6)" by "(§ 234 Abs. 1 Z 3)" replaced.

40. § 281 para 1 lit. d: "d) review the calculation and notices of payment due all amounts to making GEG referred to in paragraph 1 with the exception of those referred to in paragraph 1 Z 6 GEG;"

41. in section 281 para 3 is the phrase "to make (§ 7 para 4 GEG 1962)" replaced by the word "to encourage".

42. in section 282 paragraph 1 5: is the Z "5. If the fees, fines, and costs duly listed are (§ 214 ABS. 2)."

43. paragraph 378 para 3:

"Are (3) envelopes for inserts (§ 379), file overviews (section 380), extra leaves (article 398 par. 2), summary sheets (section 402), State ID cards and service descriptions (section 520), directory leaves of fees and costs (article 214 paragraph 2) and the other business documents of the notices of payment due process (article 214 ABS. 3) to attach the files without page number or serial number; where the business of the notices of payment due process in an envelope to give and to take forward in the Act are."

44. in section 382, paragraph 2 5: is the Z "2. the calculation and notices of payment due the fees and costs, insofar as they do not automationsunterstützt is (§ 210 section 5) or the absence thereof of the calculation (§ 215 section 1);"

45. section repeals 382 para 3.

46. There shall be added:

(a) in section 520 paragraph 1 after the word "Personnel file" the phrase "or electronic personnel file";

(b) in section 520 (4) after the word "to join" the phrase "and to join the electronic personnel files as your own document type".

47. According to § 520 520a the following paragraph with heading shall be inserted:

"Electronic personnel file

§ 520a. (1) the management of the personnel files of the judiciary (including the persons in training) has to be carried out in electronic form.

(2) the individual (subordinate) authority of service or personnel office is responsible for the management of the electronic personnel files.

(3) as far as the following, nothing else is arranged, the provisions concerning personnel records to electronic personnel files are to apply.

(4) in the electronic personnel file, the provisions relating to the multiple management of State statements (§ 12 para 2) not be applied.

(5) with the transition to the electronic personnel file at the provincial and district courts, as well as at most at the public prosecutor's Office-lying second and third copies of personnel files of judicial staff and persons in training are to destroy. Only 1 file elements so far still presented the Court of appeal (or the Chief State Prosecutor), and 2. original documents are excluded from the destruction.

(6) file components are Nos. 1 and 2 after paragraph 5 to submit the relevant service authority or personnel agency and from this data readable to be connected to the electronic personnel file. Original documents are, as far as no special custody provisions are demonstrably to followed out of the staff (or trainees).

(7) with regard to the judiciary, born before January 1, 1954, distance can be taken by a changeover to the electronic management of personal files with the proviso, that the existing rules continue to apply are in these cases.

The Federal Ministry of Justice Decree way meets specifications features resulting from the electronic management of personnel records (State ID, file number, personnel file register), as well as to further proceed in particular after para 5 and 6. (8) for more"

48. in paragraph 521 "is"the phrase", as far as nothing else results from § 520a," inserted in the first sentence after the word.

49. in section 522, paragraph 1 is for the word "are" the phrase ", as far as nothing else results from § 520a," added.

50th 605 paragraph with heading:

'Reports 22 or 23 of the criminal code for the commencement and the completion of prison sentences, as well as the completion of accommodation in institutions according to §§ 21,

§ 605 (1) the date of acquisition in which kept and their termination, each break based on a decision of the Court or the head of the institution does not the kept as well as the transfer of the prisoners in a different prison is to show by the head of the prison where the prisoners held, the discerning Court, and the full Court.

(2) the person sentenced to the penalty taking is been presented, also the costs of the screening shall be in the reports to be reimbursed pursuant to paragraph 1 to specify. The same applies for the transfer costs, if the person sentenced to the penalty taking is been transferred.

(3) the provisions of paragraphs 1 and 2, see 22 or 23 of the criminal code the meaning according also to the reports on the implementation of accommodation in institutions according to §§ 21."

Article 2

Change of authorization - recovery regulation - AEV

The regulation of the Minister of Justice about the payment and collection of court fees (authorization - and recovery regulation - am.), Federal Law Gazette No. 599/1989, as last amended by the regulation BGBl. II No 56/2013, is amended as follows:

1. paragraph 1:

„§ 1. Are defined as justice accounts on which the debit and collect paid court and justice administration fees in support of the Association, credited following accounts of BAWAG P.S.K. Bank für Arbeit and Wirtschaft und Österreichische Postsparkasse Aktiengesellschaft: 1 for the Division of the Federal Ministry of justice the account named "Ministry of Justice" with the BIC: BUNDATWW and IBAN code: AT 100100000005490000;

2 BUNDATWW for the Division of the Oberlandesgericht Wien the account named "Court of appeal Bureau Vienna" with BIC: and the IBAN code: AT 110100000005460009;

3 BUNDATWW for the Division of the Oberlandesgericht Linz the account named "Oberlandesgericht Linz Bureau" with the BIC: and the IBAN code: AT 550100000005450002;

4 BUNDATWW for the Division of the Oberlandesgericht Graz the account named "Court of appeal Bureau Graz" with BIC: and the IBAN code: AT 430100000005470006;

"5. for the Division of the Oberlandesgericht Innsbruck the account named"Oberlandesgericht Innsbruck Bureau"with the BIC: BUNDATWW and IBAN code: AT 750100000005480003."

2. paragraph 13 paragraph 2:


"(2) the cause of the failure or incomplete payment of fees is by payment and collection relating to the notices of payment due authority (§ 6 GEG, article 209, paragraph 1 geo.), so this has to cause a charged again." In other cases of when or incomplete payment of fees the notices of payment due authority under consideration has on article 31 to adopt a payment order GGG."

The following paragraph 5 is added to § 3. 15:

"(5) § 13 para 2 in the version of regulation BGBl. No. 469/2013 occurs II 1 January 2014, § 1, including heading as amended by this regulation with 1 February 2014."

Article 3

Entry into force

Article 1 shall enter into force 1 January 2014. § 233 geo. is to be applied in accordance with § 19a para 12 of the GEG.

Karl