Court Organization Novel Vienna Lower Austria

Original Language Title: Gerichtsorganisationsnovelle Wien-Niederösterreich

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81. Federal Law, with which the District Court Organizational Act for Vienna, the Federal Law BGBl. No. 91/1993 and the Public Prosecutor's Act (Vienna-Lower Austria court organisation)

The National Council has decided:

Article I

Amendment of the District Court Organizational Law for Vienna

The District Court Organizational Act for Vienna, BGBl. No. 203/1985, as last amended by the Federal Law BGBl. I No 57/1999, shall be amended as follows:

1. In § 2 Z 3, after the expression "XIII" the phrase "as well as the municipalities listed in § 4 in Lower Austria" .

2. In § 3, after the expression "XXIII" the phrase "as well as the municipalities listed in § 4 in Lower Austria" .

3. The following § 4 is inserted:

" § 4. Within the framework of the court organization, the Lower Austrian municipalities of Gablitz, Mauerbach, Pressbaum, Purkersdorf, Tullnerbach and Wolfsgraben are assigned to Vienna in accordance with this federal law. "

4. According to § 11, the following § § 11a, 11b and 11c are inserted:

" § 11a. § 2 Z 3, § 3 and § 4 in the version of the Federal Law BGBl. I No 81/2012 shall enter into force on 1 July 2014 with the proviso that the cases brought before the Purkersdorf District Court before 1 July 2014 shall be subject to the date of the entry into force of this Federal Act, subject to the competence of the competent authority, as to the district court of Hietzing or to the District Court for Commercial Matters in Vienna.

§ 11b. (1) Insofar as nothing else is determined by federal law, the sprengel of the courts of first instance established in Vienna shall include the districts I to XXIII of Vienna and also the municipalities listed in § 4 in Lower Austria as of 1 July 2014. the proviso that only those proceedings which have been brought before the Regional Court of St. Pölten before 1 July 2014 shall remain competent in accordance with the provisions of the following provisions.

(2) The dependency referred to in paragraph 1 shall, in principle, be determined according to whether a procedural input has arrived at the regional court of St. Pölten before 1 July 2014. In criminal proceedings proceedings are pending in the meaning of the first para. 1 at the Landesgericht St. Pölten if the indictment was brought before 1 July 2014.

(3) If the jurisdiction of the Regional Court of St. Pölten is given pursuant to para. 1 and 2, it shall remain in the case of continuation, continuation, resumption, re-implementation or process completion, re-implementation or renewal of a procedure. , in the event of an action for annulment, declaration of invalidity or an action for annulment, in respect of the law or, finally, a reinstatment of the law, as well as any other form of continuation of proceedings, additional or non-compliance with the proceedings, or -renewal.

(4) The jurisdiction of the Regional Court of St. Pölten for pending matters relating to the company's book, which concern companies with the registered office in one of the municipalities listed in § 4, is transferred to the Commercial Court of Vienna. The Landesgericht St. Pölten (Regional Court of St. Pölten) has to refer such register matters to the Commercial Court of Vienna and to inform the Commercial Court Vienna of the entries in the company register concerning such companies for the purpose of forming the registers.

§ 11c. Already from that of the proclamation of the Federal Law BGBl. I N ° 81/2012 may be adopted on the following date and may be prepared and taken into account in the context of organisational and staffing measures. '

Article II

Amendment of the Federal Law BGBl. No 91/1993

The Federal Law, with which the Most Highest Provisions concerning the establishment of the judicial authorities, the Official Liability Act, the Financial Criminal Law, the Criminal Law Compensation Act, the Data Protection Act, the Media Act, the Antitrust Act, the Law enforcement law and the law on probation, as well as the Lower Austrian District Courts of Vienna, are assigned to Lower Austrian courts, BGBl. No 91/1993, shall be amended as follows:

1. In Article X, § 1 Z 1 is repealed.

2. In Article XI, the previous content of § 1 shall be replaced by the sales designation "(1)" ; the following (2) and (3) are added:

" (2) Die by the Federal Law BGBl. I No. 81/2012 decreed Article X § 1 Z 1 shall enter into force on 1 July 2014 with the proviso that the Landesgericht St. Pölten in the area of the Lower Austrian municipalities pursuant to Section 4 of the District Court Organizational Act for Vienna, BGBl. No 203/1985, only remains responsible for proceedings brought before 1 July 2014 by the District Court of Purkersdorf, the Regional Court of St. Pölten or the Public Prosecutor's Office of St. Pölten, pending before the end of July 2014.

(3) If the jurisdiction of the Regional Court of St. Pölten is given in accordance with paragraph 2, it shall also remain in the case of continuation, continuation, resumption, re-implementation or process completion, re-implementation or renewal of a procedure as well as in the case of the A case of an action for annulment, annulment or an invalidity complaint in respect of the law or, finally, a re-establishment of rights and any other form of procedural continuation, renewal or renewal of proceedings "

Article III

Amendment of the Public Prosecutor's Act

The Public Prosecutor's Law (StAG), BGBl. No. 164/1986, as last amended by the Federal Law BGBl. I No 66/2011, shall be amended as follows:

1. In accordance with § 2a, the following § 2b shall be inserted together with the heading:

" Sprengel of the Public Prosecutor's Office

§ 2b. (1) The sprinkle of the public prosecutor's office shall be based (subject to the special responsibilities) in accordance with that of the regional court on whose seat it is established.

(2) This shall also apply analogously to the performance of the tasks in accordance with § 4. "

(2) The following paragraph 17 is added to § 42:

" (17) § 2b in the version of the Federal Law BGBl. I n ° 81/2012 shall enter into force on 1 July 2014 with the proviso that only for the criminal cases newly incurred as from 1 July 2014 in the area of the Lower Austrian municipalities according to § 4 of the District Court Organizational Act for Vienna, BGBl. No 203/1985, the Public Prosecutor's Office in Vienna, whose bodies are competent pursuant to § 4.

Fischer

Faymann