Eu-Mediation Law - Eu Mediatg As Well As Change Of The Code Of Civil Procedure, The Ipr Law And Drug Act

Original Language Title: EU-Mediations-Gesetz - EU-MediatG sowie Änderung der Zivilprozessordnung, des IPR-Gesetzes und des Suchtmittelgesetzes

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21. Federal Law, which enacted a federal law on certain aspects of cross-border mediation in civil and commercial matters in the European Union, as well as amending the Civil Procedure Code, the IPR Act and the Suchtmittelgesetz (Suchtmittelgesetz)

The National Council has decided:

Article I

Federal law on certain aspects of cross-border mediation in civil and commercial matters in the European Union (EU-Mediations-Law-EU-MediatG)

Scope

§ 1. (1) This federal law shall apply to mediation in cross-border disputes in civil and commercial matters. In disputes relating to rights and obligations which the parties may not have under the applicable law, as well as the liability of the State for acts or omissions in the exercise of sovereign rights ("acta iure imperii") it is not to be applied.

(2) § § 3 and 4 shall also apply to a court or arbitration procedure carried out following a mediation procedure, which is initiated in a Member State other than that in which the parties to the proceedings referred to in Article 2 (1) (3) (3) , have their residence or habitual residence.

Definitions

§ 2. (1) In the sense of this federal law

1.

Mediation: a structured procedure, irrespective of its name, in which two or more parties to the dispute, with the assistance of a mediator on a voluntary basis, themselves seek to reach an agreement on the settlement of their dispute, independent of: whether this procedure is initiated by the parties, proposed or ordered by a court of law, or prescribed under the law of a Member State;

2.

Mediator: a third person, who is requested to carry out a mediation in an effective, impartial and knowledgeable manner, and who has his residence or habitual residence in a Member State;

3.

Cross-border dispute: a dispute in which at least one of the parties is at the time when

a)

the parties agree to a mediation after the dispute has been made, or

b)

the mediation is ordered by a court or

c)

in accordance with the law of a Member State, a requirement for the use of mediation shall be

d)

the parties are invited by a court to take advantage of mediation,

has a place of residence or habitual residence in another Member State as one of the other parties;

4.

Residence: the place of residence within the meaning of Articles 59 and 60 of Regulation 2001 /44/EC on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 197, 21.7.2001, p. No. OJ L 12 of 16. Jänner 2001, p. 1;

5.

Member State: a Member State of the European Union.

(2) If there is a dispute as to whether the conditions pursuant to paragraph 1 (1) or (2) are available, the court may submit an opinion from the Committee on Mediation (§ 7 Civil Law-Mediations-Gesetz-ZivMediatG, BGBl. I No 29/2003).

Confidentiality

§ 3. Unless the parties agree otherwise, mediators and persons involved in the conduct of the mediation shall, in judicial or arbitration proceedings in civil and commercial matters, refuse to give information on information arising out of or in the give a link to a mediation, unless:

1.

this statement is a matter of priority public policy, in particular in order to ensure the protection of the child's well-being or to prevent an impairment of the physical or mental integrity of a person; or

2.

the disclosure of the content of the agreement reached in the mediation process for its implementation or enforcement is required.

Statute of limitations

§ 4. The beginning and the proper continuation of a mediation impede the expiry of the statute of limitations as well as other deadlines to assert the rights and claims affected by the mediation.

Relationship to the ZivMediatG

§ 5. (1) The provisions of the Civil Law Mediations Act shall apply to registered mediators (§ 13 ZivMediatG) and transboundary mediations carried out by these mediators.

(2) A non-registered mediator shall inform the parties of this circumstance.

Implementation Notice

§ 6. With this federal law, Directive 2008 /52/EC on certain aspects of mediation in civil and commercial matters, OJ L 124, 20.5.2008, p. No. OJ L 136 of 24 May 2008, p. 3.

Entry into force and final provisions

§ 7. (1) This federal law shall enter into force on 1 May 2011. It shall apply to mediation proceedings initiated after 30 April 2011.

(2) As far as the names used in this Federal Act relate to natural persons, the chosen form shall apply to both sexes.

(3) The Federal Minister for Justice is responsible for the enforcement of this federal law.

Article II

Amendment of the Code of Civil Procedure

The Civil Procedure Code, RGBl. N ° 113/1895, as last amended by the Budgetbegleitgesetz 2011, BGBl. I n ° 111/2010, is amended as follows:

In accordance with § 433, the following § 433a together with the heading is inserted:

" mediation comparison

§ 433a. The content of the written agreement reached in a mediation procedure on a civil case may be concluded before any district court. "

Article III

Amendment of the IPR Act

The IPR Law, BGBl. N ° 304/1978, as last amended by the Federal Law, BGBl. I n ° 135/2009, shall be amended as follows:

(1) § 53 is amended as follows:

a) The previous § 53 receives the sales designation "(1)" .

(b) The following paragraph 2 is added to paragraph 1:

" (2) After the entry into force of the Convention of 19. The Court of Justice of the European Parliament held that, in October 1996, the responsibility, the law applicable, the recognition, enforcement and cooperation in the field of parental responsibility and measures for the protection of children are the responsibility of parental responsibility, which is to be , the assignment of the parental responsibility by law to a person who does not already have such responsibility at the time of entry into force of this Convention, shall continue to apply the law of the person concerned. , shall be determined in accordance with the law applicable under Article 16 (1) of this Convention. "

Article IV

Amendment of the Suchtmittelgesetz

Federal Law on Narcotic Drugs, Psychotropic Substances and precursors (Suchtmittelgesetz-SMG), BGBl. I n ° 112/1997, as last amended by the Federal Law BGBl. I No 111/2010 (Z 42), shall be amended as follows:

1. In § 6 (6) the reference "4 or 4a" by reference "4, 4a or 4b" replaced.

2. § 24c paragraph 1 Z 2 reads:

" 2.

a transcript of the result of the light inspection or in the case of an autopsy of the findings and opinion together with the results of any chemical toxicological examination, if the death occurs in a direct or indirect is causally related to the consumption of addictive drugs,

a)

by the head of the university unit of judicial medicine or the expert in the field of forensic medicine, who is not a member of the scientific staff of such a body, who or who has a body or body complaint, or who is not a member of the scientific staff of such a body Obduction in accordance with the provisions of the Code of Criminal Procedure,

b)

by the head of the institution, which shall carry out a light inspection or an autopsy in accordance with the provisions of the law on sanity or an autopsy in accordance with the provisions of the hospital law, "

Section 42 (1) reads as follows:

" (1) If a right-breaker who has abused addictive means is sentenced to a period of imprisonment not to exceed six months in accordance with § 27 or § 30, the conviction with its legal force shall be subject to the restriction of the information in the sense of § 6 1 and 2 of the Tilgungsgesetz 1972, BGBl. No. 68. Section 6 (4) to (6) of the Federal Law is to be applied. "

4. In § 47, the following is added after paragraph 10 of the following paragraph 11:

" (11) § 6 para. 6 in the version of the Federal Law BGBl. I n ° 21/2011 is 1. Jänner 2011, § § 24c (1) Z 2 and 42 (1) occur on the day after the German Federal Law BGBl has been held. I No 21/2011 in force. "

Article V

Entry into force and enforcement

(1) Art. III (ZPO) of this Federal Law will enter into force on 1 May 2011. § 433a ZPO is to be applied to agreements concluded after 30 April 2011.

(2) The Federal Minister of Justice is responsible for the enforcement of this federal law.

Fischer

Faymann