Amendment Of The Regulation On The Electronic Legal Relations (Erv 2006)

Original Language Title: Änderung der Verordnung über den elektronischen Rechtsverkehr (ERV 2006)

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220. Regulation of the Minister of Justice, modifies the Ordinance, the electronic legal relations (ERV 2006)

On the basis of § 89b para 2 of the Court Organization Act, RGBl. No. 217/1896, as last amended by Federal Law Gazette I no. 58/2010, is prescribed:

The regulation of the Federal Minister for Justice on the electronic legal relations (ERV 2006), Federal Law Gazette II No. 481/2005, as last amended by regulation Federal Law Gazette II No. 343/2009, is amended as follows:

1 § 1 ABS. 1a the following paragraph is inserted after 1 b:

"(1B) experts and interpreters can their opinions or translations on the website"www.des.justiz.gv.at"electronically submit."

2. paragraph 5 paragraph 1:

"Section 5 (1) introduced electronic input and electronic to be transactions as well as supplements must meet the interface description referred to in paragraph 2." Entries and transactions may be transmitted pursuant to par. 2 also as PDF attachment according to the interface description. Briefs, according to §§ 1 and 2 AFV 2002, Federal Law Gazette II No. 510/2002 and Regulation (EC) No. 1896/2006 creating a European order for payment procedure, OJ P. 1, amended, as well as land applications are no. L 399 of 30.12.2006 in structured form, which allows the computer-assisted processing to submit; the input as a PDF attachment is not allowed. Several documents are presented with an input, this should be as separate attachments to submit; Clearance certificates are summarized in an appendix."

3. paragraph 6 ABS. 3:

"(3) in order to ensure data integrity, any transfer in electronic legal relations has scrambled to be. To ensure the authenticity of a certification service provider (CSP) are all certificates involved in the transfer, in accordance with § 2 Z 1 signature law (SigG) are shown, to use (§ 89 c para 2 Z 2 GOG). Direct transport and communications between the transmitting Agency and Federal Data Center GmbH issued certificates can be used also by the Federal Data Center GmbH."

4. Article 10 is amended as follows:



a) paragraph 1 is as follows:



"(1) inputs and inserts can be inserted electronically in the land register procedure. Applications on which the sections 18a are 18 c basic book conversion law to apply Federal Law Gazette No. 550/1980, are excluded. "In terms of land that belong to other files (section 448, para 4 geo.), electronic transfers of inputs and inserts is not allowed."



(b) after paragraph 1, the following paragraph 1a is inserted:



"(1a) the transmission of the application to note the rank order (§ 53 General Land Act 1955 - GBG, Federal Law Gazette No. 39/1955) and ranking decision on the utilization of the pecking order has to be made in the electronic legal relations that"



"1 on the setting of the application to note the ranking and the ranking decision in a document archive of a corporation of public law (§ 91 c GOG) advised and advertised using a unique document identification term effectively granted the authorization to access to data the stored document and 2nd to the utilisation of the ranking ranking decision in the paper original, at the latest within a week, anyway, but within the period of § 55 GBG will be submitted (receipt at the Court)."



(c) the last sentence is in paragraph 2.



d) para 3 is as follows:



"(3) a corresponding desire type is the interface description according to § 5 para 2 for desire in the input provided, this shall be used; Applications for incorporation or correction of residential property with more than 30 residential property objects are excluded."

5. According to article 11, paragraph 1 g shall be inserted following paragraph 1 h:

"(1h) § 1 para 1 b, § 5 para 1, § 6 section 3 and section 10, each as amended the regulation BGBl. II Nr 220/2011 1 July 2011 into force."

Karl