Court Fees Amendment To 2015 - 2015 Ggn

Original Language Title: Gerichtsgebühren-Novelle 2015 – GGN 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

156. Federal law with which the court fee law, the court application law, the maintenance law, the company book law, the law of law and the EIRAG are amended (court fees-Novelle 2015-GGN 2015)

The National Council has decided:

Article 1

Amendment of the Court Fees Act

The court fee law, BGBl. No 501/1984, as last amended by BGBl. I No 87/2015, shall be amended as follows:

1. In § 2 Z 1 lit. f is the reference "§ 14a (1) GEG" in each case by the reference "§ 4 (1) GEG" and the reference "§ 14a (2) GEG" by reference "§ 4 (2) GEG" replaced.

2. In § 2 Z 1 lit. i will be the word "End" replaced by the following:

" final termination, in the case of the tariff post 12 lit. d Note 4 with termination, not later than one year after the last procedural step "

3. § 2 Z 1 lit. j is:

" j)

for those in the tariff post 4 Z II and III, the tariff post 5 Z II and III, the tariff post 6 Z II and III, the tariff post 7 Z II lit. c to e and Z III lit. c to e, tariff post 12a as well as tariff post 13 lit. d referred to the appeal fee, with the presentation of the legal notice; "

4. In § 2, the Z 3 reads:

" 3.

in the case of flat-rate charges in proceedings

a)

concerning maintenance claims in accordance with the tariff post 7 Z I lit. a and b as well as in appeals against such decisions according to tariff post 7 Z II lit. a and b and Z III lit. (a) and (b) with the legal force of the decision-making decision, but in the case of a maintenance comparison, but with the assessment by the court of law;

b)

in the case of a deposit according to the tariff post 7 Z I lit. c with the notification of the decision to the legal representative; "

5. The heading to § 3 reads:

"Flat-rate fees"

6. § 3 (3) reads:

" (3) Unless otherwise arranged below, flat-rate fees shall be charged

1.

in civil proceedings (tariff items 1 to 3),

2.

in executive procedures (tariff post 4),

3.

in proceedings relating to objections to ex-rity in maintenance and maintenance, and to appeals in respect of maintenance and maintenance matters (subheading 7 Z I lit. d, Z II and Z III),

4.

in other dealings with the out-of-dispute procedure and in such appeals (subheadings 12 and 12a),

5.

in criminal proceedings on the basis of private charges (tariff post 13); and

6.

In appeal proceedings against decisions of administrative authorities (tariff post 13a)

regardless of whether the proceedings are carried out in the respective instance until the end of the proceedings; the obligation to pay does not apply even if the proceedings in the respective instance do not have a decision on the proceedings in question. . Without prejudice to collective agreements 15, no further court fees shall be payable in addition to the flat-rate fees for the respective instance. "

(7) The following paragraphs 4 and 5 are added to § 3:

" (4) The obligation to pay the flat-rate fee in civil-court proceedings, executive proceedings, insolvency proceedings, in first-instance proceedings in legal matters according to the tariff post 7 Z I lit. c Z 1 and by means of objections to the right of action in respect of maintenance and maintenance and in appeals and maintenance proceedings, in other dealings of the out-of-court proceedings, in criminal proceedings on the basis of Private charges and appeals against decisions of administrative authorities shall not be affected by the decision of the decision taken or amended in the case of the proceedings. It shall be paid only once for each instance, even if the proceedings are continued after the decision has been lifted.

(5) The flat-rate fees in two-and third-instance

1.

civil-judicial procedures (subheadings 2 and 3) and executive procedures (subheading 4 Z II and III),

2.

Insolvency proceedings (subheadings 5 Z II and III and subheading 6 Z II and III),

3.

Maintenance and maintenance matters (subheading 7 (Z II) and (III)),

4.

Proceedings concerning other transactions in the out-of-dispute procedure (tariff items 12, 12a) and

5.

in the appeal proceedings against decisions of the Committee of the Bar Association, the Notarial Chamber and the Takeover Commission (Tarifpost 13a lit. b to d)

shall be paid only once by any legal agent, even if, in the course of the proceedings, the entity concerned is referred to it several times in the course of the proceedings. The lump sum fee for referral to the Supreme Court is to be paid without regard to whether it is a proper or extraordinary appeal. "

8. In § 6 (1), the turn-of-the- "(Sections B and C)" through the phrase "this federal law" replaced.

9. In § 7 (1) the Z 1a is:

" 1a.

in the case of other appeal procedures (Note 1a to the tariff post 2 and the tariff post 3, the tariff post 5 Z II and III, the tariff post 6 Z II and III, the tariff post 12a, the tariff post 13 lit). (d) and tariff post 13a) of the right-of-appeal; "

10. In § 19 (2), the reference "§ 23 (1)" by reference "tariff post 7 Note 1" replaced.

11. The following paragraph 3 is inserted in § 19:

" (3) § 18 para. 2 Z 1 shall apply mutatily. The appellant has to evaluate the interest of the appeal in the legal notice; if he does so, the calculation of the flat fee for the appeal procedure is based on the basis of assessment of the first-instance procedure. set. "

12. In Section 21 (2), the Reference shall be made in each case "Tarifpost 4 lit. a" by reference "Tarifpost 4 Z I lit. a" replaced.

13. In § 22 (3), in the last sentence, the word "none" through the phrase "in no instance one" replaced.

14. § 23 shall not be included in the title.

15. The following paragraph 6 is added to § 25:

"(6) In the case of Section 57a (4) of the GBG 1955, a trustee is required to pay the registration fee on the basis of his/her application only to the applicant who is represented by him."

16. In Section 26b (2) Z 2, the twists are eliminated "the federal government," , "the countries, the communities," and "and for collection queries" .

17. In Section 31a (2), the amount shall be equal to "350 000 euro" the twist "as well as in the tariff post 4 Z I for the fee level of EUR 70 000" inserted.

18. In Note 1 to the tariff post 1, the last sentence is deleted.

19. In tariff post 1, notes 4 to 6 are deleted.

19a. In tariff post 1, note 8 is the amount "1 450 Euro" by "2 500 Euro" replaced.

20. In tariff post 2, notes 2 to 4 are deleted.

20a. In tariff post 2, note 5 is the amount "1 450 Euro" by "2 500 Euro" replaced.

21. In tariff post 3, notes 2 to 4 are deleted.

(21a) In tariff post 3, note 5 is the amount "1 450 Euro" by "2 500 Euro" replaced.

22. In Note 7 to the tariff post 3, the first sentence is deleted; in the following sentence, the following sentence shall be taken: "Action" the twist "according to Tarifpost 3 lit. b" inserted.

23. In tariff post 4, in the column "Subject" before heading "Flat-rate fees" the designation "I." inserted.

24. In the tariff post 4 Z I lit. a will be the turn "more than EUR 70 000 for each additional EUR 70 000." in the column "Subject" and the turn "je 178 Euro more" in the column "Amount of fees" replaced by the following:

Rate post

Subject matter

Level of charges

" over 70 000 Euro

EUR 178 plus 2.5 per mille of the part of the subject of dispute of more than EUR 70 000 '

25. In the tariff post 4 Z I lit. b will be the turn "more than EUR 70 000 for each additional EUR 70 000." in the column "Subject" and the turn "je 201 Euro more" in the column "Amount of fees" replaced by the following:

Rate post

Subject matter

Level of charges

" over 70 000 Euro

EUR 392 plus 2.8 per mille of the part of the dispute lying above EUR 70 000 "

26. The following Z II and III shall be added in tariff post 4 after Z I:

Rate post

Subject matter

Level of charges

" II.

Flat-rate fees in the second-instance appeal procedure for recourses against the execution of the execution or the executive decision-making process

a)

in executive proceedings, with the exception of the one in Z I lit. b mentioned in the case of a recurrity interest according to the in Z I lit. a cited fee levels

150% of those in Z I lit. a listed fees

b)

in the executive proceedings on the immovable property in the case of a recurrity interest in accordance with the in Z I lit. b cited charge levels

150% of those in Z I lit. b mentioned fees

c)

against decisions after Z I lit. C

27,40 Euro

III.

Flat-rate fees in the appeal procedure of third instance for revision recurse

a)

against decisions after Z II lit. a in the case of a recursion recursion interest according to the in Z I lit. a cited fee levels

200% of those in Z I lit. a listed fees

b)

against decisions after Z II lit. b in the case of a recursion recursion interest according to the in Z I lit. b cited charge levels

200% of those in Z I lit. b mentioned fees

c)

against decisions after Z I lit. C

41,10 Euro "

27. In tariff post 4, note 1 shall be referred to in each case by the name of the "Tarifpost 4" the designation "Z I" inserted.

28. In tariff post 4, notes 1a, 2, 5 and 6 shall be referred to in the following text: "Tarifpost 4" the designation "Z I" inserted.

29. In tariff post 4, note 4 reads:

" 4. The flat-rate fee in accordance with subheading 4 Z II and III shall be subject, in particular, to recourses and revision recurses against decisions concerning applications for the execution of the execution, against decisions on the opposition to the executive authorization in the simplified authorization procedures in accordance with § 54c EO, against the decision on the accession of a further creditor to an execution, against decisions on the cessation of execution, even if they have only one creditors or one of a number of executions carried out in each of the subheading 4, against distribution decisions in respect of monetary claims, against decisions on the division of the common assets in the case of partial executions pursuant to § 351 EO and against criminal decisions for the effect of unreputable acts, dulsions and Omissions. The flat-rate fee in accordance with the provisions of subheading 4 Z II and III shall not be subject to any legal remedy against interim decisions and interim decisions. "

30. In the case of subheading 4, note 6 does not include the turn of the " ; in addition, no further court fee is payable " .

30a. In tariff post 4, note 7 is the amount "1 450 Euro" by "2 500 Euro" replaced.

30b. In the case of subheading 4, note 8 does not include the turn of the "and the tariff post 12a" .

31. In tariff post 5, in the column "Subject" before heading "Input charges" the designation "I." inserted.

32. In the tariff post 5, in the columns "Subject" and "Amount of fees" After the previous content, the following Z II and III are added:

Rate post

Subject matter

Level of charges

" II.

Flat-rate fees in the appeal proceedings of second instance for recourses of creditors against decisions on applications for Z I lit. A

84 euro

III.

Flat-rate fees in the appeal proceedings of third instance for revision recurse of creditors against decisions after Z II

126 Euro "

In tariff post 5, note 1 shall be named after the name of the "Tarifpost 5" the designation "Z I" inserted.

34. In tariff post 5, note 1a shall be referred to in each case before the designation: "lit. b" the designation "Z I" inserted.

In the case of subheading 5, note 8 will be the turn of the "in tariff items 6 and 12a" through the turn "in the tariff post 6" replaced.

35. In tariff post 6, in the column "Subject" before heading "Flat Fee" the designation "I." inserted.

36. In the tariff post 6, in the columns "Subject" and "Amount of fees" After the previous content, the following Z II and III are added:

Rate post

Subject matter

Level of charges

" II.

Flat-rate fees for recourses against decisions on termination of insolvency proceedings by final distribution, by judicial confirmation of the reorganisation or payment plan, by the initiation of the levies procedure or with consent the creditor or the cancellation or cessation of the reorganization procedure (§ § 12 and 13 URG)

846 Euro

III.

Flat-rate fees for revision recurses against decisions in recursion proceedings after Z II

1 269 Euro "

37. In tariff post 6, note 3 is added to the following sentence:

"In debt settlement procedures with insolvency administrators, the fee shall be half of the fees provided for in accordance with the terms of the collective agreement."

38. In tariff post 6, notes 5 and 6 shall be named after the name of the "Tarifpost 6" the designation "Z I" inserted.

39. In tariff post 6, note 7 is deleted.

40. The tariff post 7 reads as follows:

Rate post

Subject matter

Level of charges

7

" I. Maintenance and maintenance of first instance

a)

for proceedings on the right to maintenance

5 per mille of the value of the by decision or comparison legally binding or Legally recognised

b)

for procedures relating to at least partially unsuccessful applications for reduction of the maintenance

13,70 Euro

c)

for procedures

1.

on the authorisation of legal acts of full-year nursing services (Section 167 (3) in conjunction with Section 214 (2) and Section 275 (3) of the ABGB)

128 Euro

2.

on the confirmation of the Pflegschaftsinvoice of full-year nursing services (§ 137 of the German External Stratology Act)

a quarter of the compensation granted to the person responsible for asset management, but at least 82 euros

d)

for proceedings relating to objections in accordance with § § 35 para. 2 and 36 para. 2 EO against the execration title in maintenance matters and maintenance of the maintenance of the maintenance of the

102 Euro

II. Maintenance and maintenance of second instance

For recursal proceedings against a decision in a procedure

a)

to Z I lit. A

27,40 Euro

b)

to Z I lit. B

27,40 Euro

c)

to Z I lit. c Z 1

256 Euro

d)

to Z I lit. c Z 2

27,40 Euro

e)

to Z I lit. d

137 Euro

III. Maintenance and maintenance of third instance

For revision recursion proceedings against a decision in a procedure

a)

after Z II lit. A

41,10 Euro

b)

after Z II lit. B

41,10 Euro

c)

after Z II lit. C

384 Euro

d)

after Z II lit. d

41,10 Euro

e)

after Z II lit. e

204 Euro "

41. In tariff post 7, Note 1 reads:

" 1. The amount referred to is the basis for the assessment of the maintenance claim. For the purpose of future maintenance, the simple annual performance shall be deemed to be the basis of assessment; however, if the claim is granted for a shorter period of time than one year, the total amount of the benefits awarded shall be used as the basis for the calculation of the sum of the benefits. Basis of measurement. In the event of a joint award of future and already due maintenance, the amount resulting from the preceding sentence shall be set up for the future maintenance and the amount to be allocated to the past. "

42. In tariff post 7, Note 3 reads:

" 3. The following is subject to payment:

a)

for the decision fee or settlement fee according to the tariff post 7 Z I lit. a as well as the flat fee according to the tariff post 7 Z I lit. (d) the person who has been subject to maintenance obligations;

b)

for the fee according to the tariff post 7 Z I lit. b the applicant in cases where his or her maintenance request has not been partially unsuccessful; if, on the other hand, the applicant has fully penetduced the application for a maintenance request, a payment obligation shall not be required after the application. Tariff post 7 Z I lit. b;

c)

for the fee for decisions according to the tariff post 7 Z I lit. (c) the person in whose interest the examination is carried out by the court;

d)

for the fee according to tariff post 7 Z II lit. c, d and e as well as Z III lit. c, d and e of the full-year legal agent; for the fee according to tariff post 7 Z II lit. a and b and Z III lit. (a) and (b) the full-year legal agent shall only meet the obligation to pay if his or her legal remedy, or at least one of his legal remedies, has not been partially unsuccessful; whereas, on the other hand, he has been completely pervaded by his desire to do so, A fee obligation according to the tariff post 7 Z II lit is not required. a and b or Z III lit. a and b.

Minor shall not be subject to any obligation to pay fees in all instances. "

43. In tariff post 7, note 4 reads:

" 4. If an application relates to a tariff post 7 Z I lit. d, Z II lit. e or Z III lit. e to several dependants, the fee is to be paid only once. "

44. In tariff post 7, notes 5, 7 and 7a are deleted.

45. In tariff post 7, note 8, the word shall be: "Decisions" by the word "Procedure" replaced.

46. In tariff post 7 Note 8, the turn-of-the-turn " according to the tariff post 7 lit. c Z 2 " .

47. In tariff post 7 Note 9, the turn will be "TP 7 lit. c" through the turn "Pflegschaftsverfahren nach Tarifpost 7" replaced.

48. In tariff post 8 Note 3, the second sentence is deleted.

49. In the case of subheading 9, the following note 10 is added after note 9:

" 10. If a component is attributed to a land which is subject to a lien, the basis for the assessment shall be a fee, which may be incurred as a result, in accordance with the tariff post 9 lit. b Z 4 shall be limited at the request of the party with the value of the attributed component. "

50. In tariff post 9 Note 12 lit. c will be after the word "Attributions" the phrase "of land or shares" inserted.

51. In tariff post 9, note 12, after the lit. c the following lit. d inserted:

" (d)

the depreciation and amortiation of small parts of the land or shares, if this does not change the value of the land or shares affected by the depreciation and amortiation. "

52. In the tariff post 10 Z I lit. b is the Z 14:

Rate post

Subject matter

Level of charges

" 14.

Social contract (declaration on the establishment of a limited liability company), the cooperative contract and the founding treaty of a European Economic Interest Grouper (EEIG)

aa)

on presentation and inclusion of the social contract in the collection of documents

102 Euro,

bb)

without presentation of the social contract (only in the case of partnerships);

20 Euro "

53. In the tariff post 10 Z IV lit. a is the Z 8 in the column "Subject" :

"Result of a person search".

54. In the tariff post 10 Z IV lit. a eliminates Z 9, 10, 11, 13 and 14.

55. In the tariff post 10 Z IV lit. a will be in the Z 16 the amount "2.84" by the amount "1.05" and in Z 17 the amount "2,21" by the amount "1.05" replaced.

56. In the tariff post 10 Z IV lit. a Z 18 eliminate the twists "the covenant," and "the countries, the communities," .

57. In the tariff post 10 Z IV, the lit. b.

58. In subheading 10 Note 20, the turn-over " , collection queries in accordance with § 34 paragraph 2 FBG " .

59. In tariff post 10, note 21 reads:

" 21. Queries from the Federal Government, the Länder and the local authorities on the use of the Bundesrechenzentrum GmbH in accordance with Z 1 to 17 are exempt from query fees. "

60. In the tariff post 12 lit. d Z 2 and 3 will be in the column "Scale for the measurement of fees" before the word "identified" the word "legally binding" inserted.

61. In the tariff post 12 lit. j will be in the column "Subject" after the turn "Procedure according to the UbG," the twist "according to the tuberculosis law," inserted.

62. The first sentence is deleted in the subheading 12 Note 1.

63. In tariff post 12, note 6 reads:

" 6. Will be included in the in the tariff post 12 lit. d Z 2 to 4 a recourse against the decision on the subject-matter of the proceedings is levied, the fee shall be increased by a point of promille to 1.6 vH; a revision course shall be levied against the recourse decision, the increase shall be increased by the Fee by two per millepoints to 1.7 vH. If no compensation or replacement amount is determined or compared in a legal manner, the fee shall be paid in accordance with Note 4, which shall be increased to EUR 140 after repayment and EUR 170 for revision recurrence. "

64. The subheading 12a is accompanied by the heading and notes:

" IVa. Remedies concerning other transactions in the out-of-dispute procedure

Rate post

Subject matter

Level of charges

12

Flat-rate fees for appeal proceedings in other transactions of the non-contested procedure, except for the procedures in accordance with the provisions of subheading 12 lit. d

a)

Second instance of appeal proceedings (recourse procedure)

double the flat-rate fees provided for the procedure of first instance

b)

for third instance appeal procedures (revision procedures and recursion procedures)

three times the flat-rate fees provided for the procedure of first instance

Notes

1. Fees subject to fees are only legal remedies against decisions on the subject matter of the proceedings, not against interim decisions and decisions in interim proceedings.

For the purpose of calculating the flat-rate fees in accordance with subheading 12a, the flat-rate fees provided for the procedure of the first instance shall be determined in accordance with the terms of the fees applicable to this procedure at the time of the collection of the appeal. "

65. In the fare post 13, the point after the lit. c removed and the following lit. d is added:

Rate post

Subject matter

Level of charges

13

" (d)

for the appeal proceedings against decisions in accordance with lit. C

156 Euro "

66. In tariff post 13, notes 1 to 3 are deleted.

67. In tariff post 13a, note 1 reads:

" 1. The obligation to pay according to the tariff post 13a lit. d are subject only to appeals against decisions on the subject matter of the proceedings, not to intermediate decisions and to decisions in intermediate proceedings. "

Notes 2 and 3 are deleted in the tariff post 13a.

69. Art. VI shall be added to the following Z 62:

" 62. § § 2, 3, 6, 7, 19, 21, 22, 25, 26b and 31a as well as the tariff items 1 to 10 and 12 to 13a in the version of the court fees-Novelle 2015, BGBl. I n ° 156/2015 are 1. January 2016 in force and shall be applied to cases where the facts of the charges will be concluded after 31 December 2015. § 23 shall not enter into force on 31 December 2015. § 31a is on the one with the court fees-Novelle 2015, BGBl. I No 156/2015, newly created or amended fee levels, subject to the proviso that the basis for the redetermination shall be the final index of the final index of the Federal Statistical Office of Statistics Austria published in May 2013. Consumer price index 2000 is a lauded consumer price index. "

Article 2

Amendment of the Judicial Introduction Act

The Judicial Introduction Act (GEG), BGBl. No 288/1962, as last amended by the Federal Law BGBl. I n ° 19/2015, is amended as follows:

1. In § 1 Z 3 shall be taken before the word "and" the twist " , confiscated replacement values " inserted.

2. In § 6 (1) the reference is deleted "(§ 30 GGG)" .

3. In § 6 (1) the Z 4 reads:

" 4.

the President of the Supreme Court for the amounts from the basic procedures and the appeal proceedings against decisions of administrative authorities in the Supreme Court; "

4. § 7 (2) reads:

" (2) Late and inadmissible performances shall be rejected by the Authority. With the timely collection of the performance, the notice of the mandate will be taken out of force, insofar as the performance is not expressly directed against part of the prescribed amount. The Authority may, if necessary, carry out an investigation and have a decision as to whether and to what extent a payment obligation exists; it is not bound by the requests of the party, but may also be subject to a further the obligation to pay a payment. If an application is based on a request for a mandate, the authority shall cancel the application; the period laid down in Section 73 (1) of the AVG shall begin with the submission of the presentation. The provisions of this paragraph shall not be taken by the cost officer in accordance with Article 6 (2) on behalf of the Authority. "

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

" (15) § 7 para. 2 in the version of the Federal Law BGBl. I n ° 156/2015 is 1. January 2016 in force and shall apply to the pre-depreciation procedures in which the performance will be levied after 31 December 2015. § 6 para. 1 Z 4 in the version of the Federal Law BGBl. I n ° 156/2015 is 1. Jänner 2017 in force and shall be applied to the pre-depreciation procedure for amounts arising from basic or appeal procedures, which shall be brought before the Supreme Court after 31 December 2016. For a pre-trial procedure for amounts arising from basic or legal proceedings before 1 January 2008. The President of the Vienna Higher Regional Court remains the competent authority of the Supreme Court of Justice in January 2017. "

Article 3

Amendment of the Maintenance Advance Act

The Maintenance Advance Act 1985 (UVG), BGBl. No. 451/1985, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

1. In § 24, in the first sentence, the last half-sentence shall be: "For appeal procedures, flat-rate fees shall be payable in accordance with the Tariff Post 12a GGG" by the half-sentence "In such proceedings, a full-year maintenance debtor shall pay a legal remedy, he shall pay EUR 27.40 in second instance and EUR 41,10 in third instance for flat-rate fees" shall be replaced and inserted after the first sentence:

" The full-year legal agent shall only meet the obligation to pay if his or her legal remedy or at least one of his legal remedies has not been partially unsuccessful; if, on the other hand, he has been completely penetraged by his desire a fee obligation. § 3 GGG is to be applied in a reasonable way. "

(2) The following paragraph 13 is added to Article 37:

" (13) § 24 in the version of the court fees-Novelle 2015, BGBl. I n ° 156/2015 is 1. Jänner 2016 in force and shall apply to cases where the appeal is levied after 31 December 2015. "

Article 4

Amendment of the Company Book Act

The Company Book Act, BGBl. No. 10/1991, as last amended by the Federal Act BGBl. I No 113/2015, shall be amended as follows:

1. In accordance with § 24, the following § 25 and heading is inserted:

" Diacritic characters

§ 25. Corresponds to 1. Jänner 2016 in the company's book currently registered spelling for lack of use of diacritical characters is not the actual spelling, so the spelling on request should be corrected. Such requests as well as requests for modification of the company, which relate exclusively to the inclusion of diacritic characters for adaptation to an actual spelling, may be made as simplified notifications within the meaning of Section 11 and are of Court fees shall be exempted if they are filed until 31 December 2018, do not contain any other applications and shall be informed of the use of the fee exemption pursuant to this provision. "

2. § 34 para. 2 reads:

" (2) Company book queries relating to the entire data base of the company's book, to changes in the company's book or to both, can be obtained by the Federal Minister of Justice under the provisions of the Information Reuse Act, BGBl. I n ° 135/2005, as amended, the licence may only permit use in connection with the purposes of the company's book in the form of personal data. "

(3) The following paragraph 11 is added to § 43:

" (11) § § 25 and 34 (2) in the version of the Federal Law BGBl. I n ° 156/2015 are 1. Jänner 2016 in force. "

Article 5

Amendment of the Rules of Lawyers

The law of law, RGBl. No. 96/1868, as last amended by the Federal Law BGBl. I n ° 40/2014, shall be amended as follows:

1. In Section 2 (3) (2) (2), the point at the end shall be replaced by a line-point and after that the following Z 3 shall be added:

" 3.

another practical professional activity at home or abroad if that activity has been useful for the exercise of the legal profession and that it has been carried out under the responsibility of a suitably qualified person or body. "

2. The following sentences are added to § 2 (3):

" The Committee of the Bar Association shall adopt guidelines on the conditions under which, and to what extent, practical uses within the meaning of Z 2 and 3 are credited; in particular, these guidelines shall also provide information on: contain the requirements to be met by that body or person in which the practical use is completed or supervised, and in what form the required evidence of the nature and content of the practical use is to be shall be provided. The guidelines shall be published on the website of the Bar Association and shall be made available permanently there. "

3. In § 28, para. 1 lit. b becomes after the turn "the lawyer," the twist "the release of guidelines pursuant to section 2 (3)," inserted.

4. In accordance with § 59, the following X. section is added:

" X. Section

Entry into force and transitional provisions from 1. Jänner 2016

§ 60. § 2 (3) and § 28 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 156/2015 are 1. Jänner 2016 in force. § 2 para. 3 Z 3 shall apply to practical uses which have been started after 31 December 2015. "

Article 6

Amendment of EIRAG

The Federal Act on the free movement of services and the establishment of European lawyers as well as the provision of legal services by internationally active lawyers in Austria, BGBl. I n ° 27/2000, as last amended by the Federal Law BGBl. I No 190/2013, shall be amended as follows:

(1) The following sentences are added to § 27:

" The application for admission to the examination can also be submitted to the Bar Association. The latter shall immediately forward the request with all the documents submitted to the competent Commission for the Verification of Legal Affairs. "

2. In § 37, the previous content shall contain the sales designation "(1)" , the following paragraph 2 shall be added:

" (2) In the case of a request for administrative cooperation submitted by the competent authority of the State of origin in the way of the Internal Market Information System (§ 2 Z 1 IMI Act), the Federal Ministry of Justice and To assist the Commission in the technical implementation of the law on the law of the law. "

3. In § 37a of the last sentence, the turn shall be "by email" by the word "electronic" replaced.

4. In § 37a, the previous content is given the sales designation "(1)" , the following paragraph 2 shall be added:

" (2) In addition, the Bar Association shall ensure that information on its website is available on:

1.

the conditions for the exercise of the legal profession,

2.

Rights and obligations of the lawyers, including the special features arising from this federal law, as well as

3.

the aptitude test after the 3. Part 3. Main item of EIRAG, including related remedies and fees payable

shall be electronically accessible and shall be updated at regular intervals. "

5. In accordance with § 43, the following 6. Part added:

" 6. Part

Entry into force and transitional provisions from 1. Jänner 2016

§ 44. § § 27, 37 and 37a in the version of the Federal Law BGBl. I n ° 156/2015 are 1. Jänner 2016 in force. "

Article 7

Implementation Notice

With Art. 5 and 6 of this Federal Act, Directive 2013 /55/EU amending Directive 2005 /36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation with the assistance of the Internal Market Information System ("IMI Regulation") , OJ No. OJ L 354 of 28 December 2013, p. 132.

Fischer

Faymann