Court Organization Novel Vienna Lower Austria

Original Language Title: Gerichtsorganisationsnovelle Wien-Niederösterreich

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81. Federal law, with which the District Court Organization law for Vienna, the Federal Act Federal Law Gazette No. 91/1993 and the public prosecutor's Office Act be modified (Court Organization Novella Vienna, lower Austria)

The National Council has decided:

Article I

Amendment to the District Court Organization Act for Vienna

The District Court Organization law for Vienna, Federal Law Gazette No. 203/1985, as last amended by Federal Law Gazette I no. 57/1999 is amended as follows:

1. in article 2 Z 3 is added after the expression "XIII", the phrase "as well as the municipalities listed in § 4 in lower Austria".

2. in article 3 the phrase "as well as the municipalities listed in § 4 in lower Austria" is added after the expression "XXIII".

3. the following section 4 is inserted:

„§ 4. In the framework of the Organization of the Court the lower Austrian communities of Gablitz and Mauerbach, Pressbaum, Purkersdorf, Tullnerbach Wolfsgraben are associated in accordance with this Federal Act of Vienna."

4. pursuant to section 11, the following sections 11a, 11b and 11 c shall be inserted:

'Article 11a. § 2 Z 3, § 3 and § 4 in the version of Federal Law Gazette I no. 81/2012 will take July 1, 2014, with the proviso in effect prior to July 1, 2014 at the District Court of Purkersdorf apply now pending cases with the date of entry into force of this federal law - depending on the factual competence - as in the Hietzing District Court or District Court for commercial matters Vienna transferred.

section 11 b. (1) the extent that by federal law nothing is determined, includes the jurisdiction of the courts of first instance established in Vienna each the Vienna districts I to XXIII, as well as from 1 July 2014 communities listed in § 4 in lower Austria with the proviso that this border remains responsible only for procedures that have been made pending prior to July 1, 2014 at the regional court of St. Pölten, in accordance with the following provisions.

(2) the pendency is calculated according to para 1 basically then, whether a proceedings document instituting input is received prior to July 1, 2014 at the regional court of St. Pölten. In criminal proceedings, a procedure in the sense of paragraph 1 of the regional court St. Pölten is pending, if the prosecution this was introduced before 1 July 2014.

(3) the jurisdiction of the regional court St. Pölten is given according to paragraphs 1 and 2, it remains a process continuing also in case of the continuation, continuation, recovery, renewed implementation or proceedings supplement, new implementation or renewal of proceedings as well as in the case of an action for annulment, Declaration of invalidity or nullity complaint to respect for the law or eventually a restitutio in integrum, as well as in any other form, supplement or renewal.

(4) the jurisdiction of the regional court St. Pölten in pending matters of the companies book, affecting companies headquartered in one of the communities listed in § 4, is transferred to the commercial court of Vienna. The regional court St. Pölten has to refer things register the commercial court of Vienna, and the entries in the register of companies, related companies, to be communicated to the commercial court of Vienna to the formation of the register.

§ 11c. Already of the by-laws of the Federal Law Gazette I no. 81 / 2012 following day's can, implementing regulations adopted and thus prepare related organizational and personnel measures and taken are."

Article II

Amendment of the Federal Act Federal Law Gazette No. 91/1993

The Federal law, by which the most high is provisions relating to the establishment of the judicial authorities, the official liability Act, the financial criminal law, the criminal compensation law, data protection law, media law, antitrust law, the prison law and the probation law changes and be the lower Austrian environs district courts assigned to Vienna's lower courts, Federal Law Gazette No. 91/1993, as the following changed:

1. in article X, section 1 Z 1 is repealed.

2. in article XI, the previous content of the section 1 receives the sales designation (1); following paragraph 2 and 3 shall be added:

"(2) the Federal Act Federal Law Gazette I no. 81 / 2012-ordered abolition of article X § 1 Z 1 July 1, 2014, with the proviso into force, that the Landesgericht St. Pölten in the area of the lower Austrian communities according to § 4 of the District Court Organization Act for Vienna, Federal Law Gazette No. 203/1985, only for procedures responsible remains, prior to July 1, 2014 at the District Court of Purkersdorf" , at the St. Pölten provincial court or the public prosecutor's Office St. Pölten have been reached, initiated or treated.

(3) the jurisdiction of the regional court St. Pölten is given pursuant to par. 2, remains a process continuing also in case of the continuation, continuation, recovery, renewed implementation or proceedings supplement, new implementation or renewal of proceedings as well as in the case of an action for annulment, Declaration of invalidity or nullity complaint to respect for the law or eventually a restitutio in integrum, as well as in any other form, supplement or renewal."

Article III

Amendment of the public prosecutor's Office Act

The public prosecutor's Office Act (StAG), Federal Law Gazette No. 164/1986, as last amended by Federal Law Gazette I no. 66/2011, is amended as follows:

1. According to paragraph 2a, the following section 2 is inserted b together with heading:

"Jurisdiction of the public prosecutor's Office

§ focuses 2B. (1) the jurisdiction of the public prosecutor's Office (subject to the special responsibilities), after that of the District Court, on whose seat is furnished.

(2) this applies correspondingly for the performance of duties according to § 4."

2 17 the following paragraph is added to in section 42:

"(17) § 2b in the version of Federal Law Gazette I no. 81/2012 effective with July 1, 2014, with the proviso, that only the criminal matters in the area of the lower Austrian communities according to § 4 of the District Court Organization Act for Vienna, incurred from 1 July 2014 new BGBl. No. 203/1985, the public prosecutor's Office in Vienna or their bodies according to section 4 are responsible for.

Fischer

Faymann