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Amendment Of Civil Procedure 2009 - Zvn 2009

Original Language Title: Zivilverfahrens-Novelle 2009 – ZVN 2009

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30. Federal Law, with which the jurisdiction standard, the Introductory Act on the Code of Civil Procedure, the Code of Civil Procedure, the Labor and Social Courts Act, the Extraction Act, the Executive Order, the bankruptcy order, the Court Organization Act, the Law of the Law, the Fees Act, the Law of Experts and Interpreters, the Law on Law and the Law on Leases (Civil Procedure-Novelle 2009-ZVN 2009)

The National Council has decided:

Article I

Amendment of the Jurisdiction Standard

The jurisdictional norm, RGBl. N ° 111/1895, as last amended by the Federal Law BGBl. I n ° 103/2006, is amended as follows:

1. In § 20 Z 3 the turn-of-the-turn " , their mouths. "

Section 68 shall be amended as follows:

(a) para. 1 reads:

"(1) For the soldiers of the Federal Army pursuant to § 1 (3) of the German Military Act 2001, the place of the garrison shall be deemed to be domicized in the sight of the court."

(b) (3) reads:

" (3) The place of residence of soldiers who are not domestiated shall be deemed to be the place of jurisdiction of the sending commandos. For those who are not soldiers and under the leadership of the Federal Minister for National Defense pursuant to the Federal Constitutional Law on Cooperation and Solidarity in the Posting of Units and Individuals to Abroad (CFE-BVG) shall be deemed to be the place of employment of the place of service which carries this posting. "

3. In § 76a the wording of the wording is to be read:

"(§ 49 (2) (2) and (2b) and (3))".

4. In § 118 Z 1 lit. a, Z 2 lit. a and Z 3 will each be the word sequence "District Court for Civil Rights Graz" through the phrase "District Court Graz-Ost" replaced.

5. In § 120 (2), first sentence, the parenthesis shall be " (par. 1 (1) and (2)) " by the parenthesis expression " (par. 1 (1), (2) and (6) " replaced.

Article II

Amendment of the Introductory Act to the Civil Procedure Code

The Introductory Act on the Code of Civil Procedure, RGBl. No. 112/1895, as last amended by the Federal Law BGBl. I n ° 7/2006, is amended as follows:

Art. XLI is canceled.

Article III

Amendment of the Code of Civil Procedure

The Civil Procedure Code, RGBl. N ° 113/1895, as last amended by the Federal Law BGBl. I n ° 7/2006, is amended as follows:

1. In § 6a the citation shall be "§ 273 ABGB" by quoting "§ 268 ABGB" replaced.

2. § 18 (4) is repealed.

3. In § 50 (1) the quote shall be "§ § 40 to 49" by quoting "§ § 40 to 48" replaced.

(4) § 64 is amended as follows:

(a) In paragraph 1 Z 3, the quote shall be: "§ 31 (2) and (4)" by quoting "§ 31 (2) and (3)" replaced.

(b) The following paragraph 4 is added:

" (4) The one referred to in paragraph 1, Z 1 lit. On request, the representatives shall be entitled to an appropriate advance on the necessary cash outlays to be provisionally applied if they are expected to exceed the sum of EUR 100. "

5. The following eighth title shall be inserted after section 73:

" Eighth Title

Sign language interpreters

" § 73a. (1) Where a party is deaf, highly audible or language-impaired, the proceedings shall be accompanied by an interpreter for sign language, provided that the party is able to communicate in the language of the party. The costs of the interpreter are borne by the Federal Government.

(2) The Federation shall also bear the sign language interpretation costs incurred by the Party for the contact with its legal representative necessary for the conduct of the proceedings. These are to be paid to it up to the extent to which the provisions of the Fees Claims Act 1975 are applied in a meaningful way. "

6. In § 97, the quote is made in paragraph 4. "§ 9 (3)" by quoting "§ 9 (5)" replaced and the following paragraph 5 added:

" (5) A person who does not have a place of delivery domestily may not be given an effective delivery authority. Section 9 (2) of the Delivery Act does not apply. "

6a. In accordance with § 97, the following § 98 is inserted:

" § 98. (1) Parties or plenipotentiaries who do not have a place of delivery in the territory of the country may be applied by the court, within a period to be determined at the same time, at least 14 days from the notification of the order for that dispute, a To make a name for the appointing agent. If this order has not been complied with within the time limit, further deliveries shall be made by sending the respective document without proof of delivery until such time as a suitable appointing representative has been designated by the court or the court or tribunal shall have The issuing office is announced domestiy. The document shall be deemed to be delivered 14 days after the date of the post. This legal sequence shall be indicated on the order.

(2) § 97 (5) shall apply to the person responsible for the delivery. "

(7) The following paragraph 3 is added to § 121:

" (3) The provisions of Regulation (EC) No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters and repealing Regulation (EC) No 1348/2000, OJ L 327, 30.11.2007, p. No. OJ L 324, 10.12.2007, p. 79, remain unaffected. '

8. § 185 (1a) is repealed.

9. In § 244, para. 1, the staple citation shall be "(§ § 548 to 559)" by the citing quote "(§ § 555 to 559)" replaced.

10. According to § 251, the following § 252 and heading is inserted:

" European order for payment procedure

§ 252. (1) To the extent that Regulation (EC) No 1896/2006 establishing a European order for payment procedure, OJ L 327, 30.12.2006, p. No. 1 and not otherwise, the procedural rules applicable to the subject-matter in question shall apply.

(2) Only the District Court for Commercial Matters Vienna is responsible for the conduct of the payment procedure. The application for the authorisation of a European order for payment shall be considered to be equivalent to a complaint.

(3) After a period of appeal has been received, the Court of First Instance shall send it to the applicant, requesting that the court responsible for the implementation of the ordinary procedure be repudiated within 30 days, provided that: the procedure is not to be terminated in accordance with Article 7 (4) of the Regulation. If the applicant makes a court reputable in due time, the case shall be referred to it. The dispute resolution shall not be cancelled by the transfer. The examination of the jurisdiction shall be the responsibility of the court to which the case has been referred. If the applicant does not have a court of repudiation within the time limit, the action shall be rejected.

(4) Following the referral of the case pursuant to paragraph 3, the court has to proceed in accordance with § § 257 ff. The objection of the incompetence of the court has to bring forward the defendant before he can enter into the trial on the main matter. After the defendant's admission to the main matter, the jurisdiction of the court may only be taken into consideration under the conditions laid down in § 240.

(5) The court responsible for the conduct of the order for payment procedure shall also be responsible for the review under Article 20 of the Regulation. For applications pursuant to Article 20 (1) of the Regulation, § § 149 and 153 shall apply mutatily, for applications pursuant to Art. 20 (2), § 149 shall apply accordingly. If the Court of First Instance annuls the European order for payment under Article 20 (1) of the Regulation, the ordinary procedure shall be initiated unless the applicant has made a declaration pursuant to Article 7 (4) of the Regulation. If a declaration is made pursuant to Article 7 (4) of the Regulation, or if the court annuls the European order for payment under Article 20 (2) of the Regulation, the procedure shall be terminated. A re-establishment of rights in accordance with § § 146 et seq. of the regulation does not take place due to the failure to meet the time limit laid down in Article 16 (2) of the Regulation. No invalidity or resurrection situation can be levied.

(6) The time limit for the collection of an opposition to a European order for payment has no effect on the time taken to act.

(7) If the application is amended in accordance with Article 10 of the Regulation, it shall be deemed to be withdrawn for the remaining part of the claim as without waiving the claim. "

11. According to § 276, the following § 277 with headline is inserted:

" Use of technical facilities for word and image transmission in the taking of evidence

§ 277. The Court of First Instance may, in accordance with the technical possibilities and taking account of the economics of the proceedings, take direct evidence, using technical facilities, in the event of an requested judge being taken into account, and Perform image transfer. "

11a. § 311 (2) reads:

"(2) In order to prove the authenticity of such a document, unless otherwise specified by special provisions, the certification by the local competent Austrian representative authority shall suffice."

12. In § 332 (1), the amount of "100 Euro" by the amount of "200 Euro" replaced.

13. § 470 reads:

" § 470. After the appeal has been submitted to the Court of Appeal, the judge responsible for the actions of a Chairman of the Appeals Board shall examine the appeal files. "

14. § 521 (1) reads:

" (1) The recourse period is 14 days. However, if the recourse is directed against a final decision or a cancellation decision in accordance with Section 519 (1) (2) (2), the recourse period shall be four weeks. The recursal period cannot be extended. "

Section 521a reads as follows:

" § 521a. (1) If, on the basis of a dispute, a recourse against a decision which is not merely procedural, the court of first instance shall, if it does not reject the recourse, shall have the recourse or a copy of the To send a protocol to the opponent of the recursman. Within the period of grace of 14 days, in the cases of § 521 (1), second sentence, within the period of grace of four weeks, the recursgegner may, within the period of four weeks from the date of service of the notice or the protocol replacing it, enter into the proceedings of the court of first instance. Apply recursal response. § 520 (1), last sentence, and § 464 (3) apply mutatily.

(2) For revision recurses according to § 528 (2a) and for extraordinary revision recurse, paragraph 1 shall apply with the measures resulting from the application of § § 507, 507a, 507b, 508 and 508a in accordance with the applicable law. "

16. § 548 reads as follows:

" First Section

European Bagatell Procedure

§ 548. (1) To the extent that Regulation (EC) No 861/2007 establishing a European Small Claims Procedure, OJ L 327, 30.12.2007, p. No. 1, and not otherwise, the procedural rules applicable to the subject-matter in question shall apply.

(2) The procedure laid down in the Regulation does not have any influence on the time available for action.

(3) If the counterclaim in accordance with Article 5 (6) of the Regulation does not fall within its scope of application, it shall be rejected, except in the case of Article 5 (7) of the Regulation. In the case of the counterclaim pursuant to Article 5 (7) of the Regulation, the procedures shall be continued.

(4) In the event of the existence of the conditions laid down in Article 7 (3) of the Regulation, the Court of First Instance has to make a judgment in accordance with Section 396 of its own motion for a failure to fulfil its duties. A contradiction according to § 397a is permissible.

(5) The Court of First Instance in charge of the European Bagatell Procedure shall also be responsible for the review pursuant to Article 18 of the Regulation; for this purpose, Articles 149 and 153 shall apply accordingly. If the Court of First Instance annuls the judgment under Article 18 of the Regulation, the dispute shall be returned to the situation in which it was found before the procedural step leading to the annulment. "

17. § § 549 to 554 are repealed.

§ § § 555 to 559, including the following headings:

" Second Section

Procedures in alternating disputes

§ 555. (1) If the claim made with the action is based on a change which has all the requirements of validity and whose authenticity does not give rise to concerns, and if, at the same time, the claim is also subject to the change of protest. and the receipted invoice, to the extent that such documents are required in the individual case in order to justify the claims to be filed, shall be submitted to the original document, the plaintiffs may request that the defendant be applied, within the Notnotice of fourteen days in the event of other execution of the exchange debt with the -to pay or to raise objections (payment order) to the additional claims and to the costs referred to and to the judge.

(2) If an exchange declaration is signed by a ruler, the payment order may only be issued if, in addition to the documents referred to in paragraph 1, the power of the power generator is taught.

(3) Para. 1 and 2 also apply to the assertion of rights of recourse against the decline of the exchange, if the conditions stipulated in Art. 43 and 44 of the Exchange Act are also required by credible documents filed in the original. are established. In order to prove the opening of the bankruptcy procedure (compensation procedure, business supervision), it is sufficient to submit one of the notices referred to in Art. 44 (6) of the Exchange Act.

§ 556. (1) As a result of an application lodged in the action, the order for payment shall be issued without prior oral proceedings and without questioning by the defendant.

(2) A payment order is not to be issued if the defendant has its domided, habitual residence or registered office abroad.

(3) The payment order shall state that within fourteen days of the delivery of the payment order, the defendant party shall satisfy the claims asserted against it, together with the costs determined by the court, in the event of any other execution, or To collect objections against the payment order. This period may not be extended; however, § 464 (3) shall apply mutatily.

(4) The payment order shall be awarded to the defendant in accordance with the provisions applicable to legal action.

(5) If the application for the release of a payment order cannot be granted to the application filed in the action, if the action for the purpose of determining the date of the proceedings for oral proceedings before that court is appropriate, it shall be subject to the provision of the law. , otherwise the action is not to be dismissed as appropriate for the initiation of proceedings.

§ 557. (1) An appeal is not admissible against the release of the payment order, but the decision on the costs contained in the payment order can be challenged by means of a recourse.

(2) The objections to the payment order shall be affixed within the time limit referred to in the order for payment to the court which issued the order. Late-filed objections are to be rejected without trial.

(3) In the event of objections raised in good time, a preparatory meeting shall be convened without further request of the plaintising party for a short period of time.

(4) The action can only be brought without the consent of the defendant party until the objections against the payment order have been collected, but if the plaintiffs party at the same time waived the claim, until the end of the oral dispute (§ 237).

(5) The provisions relating to the withdrawal of the appeal (§ 484) shall apply to the withdrawal of the objections.

(6) If one of the parties remains in accordance with an objection raised in good time before the parties have admitted to the dispute by means of oral arguments on the main matter, a judgment of the failure of the published party shall be subject to a failure in accordance with § 396.

§ 558. In the judgment delivered, it is necessary to say whether the payment order issued against the defendant is maintained or whether and to what extent the same is to be lifted.

§ 559. In legal disputes arising from bills of exchange, the re-establishment of rights and the resumption of proceedings to the detriment of a party which has acted in good faith in the main process shall not take place if this party is in the In the meantime, it has lost its exchangeable claims to third parties by the end of the period in whole or in part, or can no longer be able to assert the remaining time due to a short period of time. "

19. § 563 reads:

" § 563. (1) A court notice must be applied to court before the beginning of the period of notice to be held for the termination date referred to in Article 560 (1) (1) and (2). Notice of notice shall be rejected by decision of its own motion after the commencing date. On the other hand, prior to the commencement of the period, notice shall be sent to the opponent, even if the delivery cannot be effected before the commencement of the notice period.

(2) A court notice shall be effective for the termination date mentioned therein if it is delivered to the opponent before the commencement of the period of notice to be held for that termination date pursuant to § 560 (1) (1) and (2) or if the opponent is Late delivery against them does not collect any objections or the delay is not up to date. If, however, the opponent is to delay the delay, the notice shall be effective for the first later termination date for which the time limit was still open at the time of delivery. "

20. In § 564 the sales denomination "(1)" and paragraph 2.

21. § 567 shall be amended as follows:

(a) In paragraph 3, the turn shall not apply "Paragraph 1" ;

(b) Paragraph 4 is repealed.

22. In § 572, after the word order "whether and to what extent" the twist "and-upon claim of late delivery-at what date" .

Article IV

Amendment of the Labour and Social Court Act

The Labor and Social Justice Act, BGBl. No. 104/1985, as last amended by the Federal Law BGBl. I n ° 82/2008, shall be amended as follows:

(1) § 20 is amended as follows:

(a) In paragraph 1, z 2

aa) the lit. c:

" (c)

the Federal Committee of the Austrian Dentists ' Chamber, ";

(bb) the lit. i:

" (i)

the Annual General Meeting of the Austrian Veterinary Chamber. "

(b) 2 (2) (2) e is omitted; in lit. d will be replaced by a point at the end of the paint.

§ 81 reads as follows:

" § 81. The Federal Ministry of Labour, Social Affairs and Consumer Protection will also send a copy of the decision to complete the matter in full for the instance. "

§ 98 shall be amended as follows:

a) The one with BGBl. I n ° 77/2007, paragraph with the sales designation "(15)" receives the sales designation "(18)" ;

(b) the BGBl. I n ° 102/2007, paragraph with the sales designation "(18)" receives the sales designation "(19)" ;

(c) the BGBl. I n ° 82/2008, paragraph with the sales designation "(19)" receives the sales designation "(20)" ;

(d) in accordance with paragraph 20, the following paragraph 21 shall be inserted:

" (21) § § 20 and 81 as well as the amendments in Appendix 1 in the version of the Federal Law BGBl. I n ° 30/2009 will enter into force on 1 April 2009. '

4. In Annex 1, the term "circle" of employers in main group 2 shall be: "Dentist chamber" by the term "Dentists ' Chamber" and the phrase "a chamber of the veterinarians" by the term "the Tierärztekammer" replaced.

Article V

Amendment of the Non-Strike Act

The Non-Dispute Law, BGBl. I n ° 111/2003, as last amended by the Federal Law BGBl. I n ° 68/2008, is hereby amended as follows:

1. § 4 (3) reads:

"(3) § 73a ZPO shall apply mutatily."

2. In § 5 paragraph 2 Z 2 lit. c becomes the citation "§ 273 ABGB" by quoting "§ 268 ABGB" replaced.

3. In § 35, after the word order "the provisions of the Code of Civil Procedure" the twist "on the use of technical facilities for the transmission of words and images in the taking of evidence," inserted.

4. In Section 83 (5), the quote shall be: "§ 74 (4)" by quoting "§ 74 (5)" replaced.

5. According to § 207b the following § 207c with headline is inserted:

" Entry into force and transitional provision to the Federal Act BGBl. I No 30/2009

§ 207c. § § 4, 5, 35 and 83 in the version of the Federal Law BGBl. I n ° 30/2009 will enter into force on 1 April 2009. '

Article VI

Amendment of the Executive Order

The executive order, RGBl. No 79/1896, as last amended by the Federal Law BGBl. I n ° 82/2008, shall be amended as follows:

(1) The following paragraph 3 is added to § 65:

"(3) § 521a ZPO is not to be applied-to the extent that it is not a decision on the costs of the executive proceedings or where nothing else is ordered in this law."

2. § 73a together with the title shall be repealed.

3. In accordance with § 411, the following § 412 together with the heading is added:

" Entry into force and transitional provisions on the ZVN 2009

§ 412. (1) § 65 (3) in the version of the Federal Law BGBl. I n ° 30/2009 will enter into force on 1 April 2009. The provision shall be applied in this version if the date of the decision of the first instance is after 31 March 2009.

(2) The repeal of § 73a shall enter into force on 1 April 2009. "

Article VII

Amendment of the Rules of Conkurt

The bankruptcy order, RGBl. No 337/1914, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 82/2008, shall be amended as follows:

1. In § 74 (1) (6), the word order shall be deleted "or the appointment of an appointing agent (§ 104)" .

2. § 104 (3) last sentence is repealed.

(3) The following paragraph 4 is added to § 176:

"(4) § 521a ZPO is not to be applied-unless otherwise provided in this law."

(4) The following paragraph 7 is added to § 254:

" (7) § 176 (4) in the version of the Federal Law BGBl. I n ° 30/2009 will enter into force on 1 April 2009. The provision shall be applied in this version if the date of the decision of the first instance is after 31 March 2009. "

Article VIII

Amendment of the Court of Justice Act

The court organization law, RGBl. No 217/1896, as last amended by the Federal Law BGBl. I n ° 111/2007, is amended as follows:

1. In Section 47 (2), the quote shall be: "§ 82 (2)" by quoting "§ 82" replaced.

2. In accordance with § 89k, the following § 89l including the heading is inserted:

" register information

§ 89l. (1) Everyone may request to the District Court of his residence or habitual residence information on the court and number of files of all civil proceedings contained in the electronic register in which he or she is a party. This information shall be provided in accordance with the technical possibilities and with respect to a simple and economical administration and a sufficient security against misuse by third persons.

(2) In accordance with other statutory provisions, existing information rights shall remain unaffected. "

Section 91a together with the heading shall be repealed.

Article IX

Amendment of the Law on the Rights of the Law

The law-making law, BGBl. No. 560/1985, as last amended by the Federal Law BGBl. N ° 72/2007, is hereby amended as follows:

1. In § 2 Z 2, the words shall be: "Inheritance and Pflegschaftssachen" by the words "leaving family matters, childhood and property law matters" replaced.

2. § 16 is amended as follows:

(a) In paragraph 1, Z 1 lit. a is after the word "MahnProcedure" the parenthesis expression "(§ § 244 to 251, § 448 ZPO)" inserted.

(b) Section 2 (2) is repealed.

3. In § 19 (1) the Z 2 and 3 are:

" 2.

the decision to grant an application for the granting of an execution order to ensure compliance with § 372 EO by the executive means referred to in Article 374 (1) of the EO, with the exception of the compulsory administration, on the basis of a court case created by the court of law Exeking title on maintenance contributions;

3.

the decision on the authorisation, cancellation or limitation of a temporary disposal pursuant to § 382a EO and a temporary incontestation in accordance with § 382 Z 8 lit. (a) EO, provided that the related proceedings in the main matter fall within the sphere of action of the right-holder; "

(4) The following paragraph 5 is added to § 45:

" (5) § § 2, 16, 19 and 46 in the version of the Federal Law BGBl. I n ° 30/2009 will enter into force on 1 April 2009. § 19 paragraph 1 Z 3 in the version of the Federal Law BGBl. I No 30/2009 should be applied if the application for the dismissal of the injunction has been lodged with the court after 31 March 2009. '

5. The following paragraph 3 is added to § 46:

"(3) An appointment for a working area comprising the scope of the PflegschaftsCases before 1 April 2009 shall be deemed to be an order for a working area comprising the scope of" childhood and property law matters ".

Article X

Amendment of the Fees Act

The Fees Act, BGBl. No. 136/1975, as last amended by the Federal Law BGBl. I n ° 111/2007, is amended as follows:

1. In § 39

(a) the last sentence shall not apply in paragraph 1;

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

" (1a) The parties (Section 40 (1)) shall be given the opportunity to submit their observations on the application for a fee. Where the possibility of external action is given in writing, a reasonable period of at least seven days shall be fixed, but shall normally be fixed for 14 days. ";

(c) paragraph 3 reads:

" (3) If no objections are raised or waives the parties to be informed pursuant to paragraph 1a, the court may, if there are no objections to the amount of the fees, be subject to any objections raised by the application according to paragraph 1a,

1.

, without taking a decision, order the payment of the charges recorded; or

2.

in the case of decision-making at an appropriate level, refer to the justification for the decision on the application for the fees assigned to those parties.

If a person is to be obliged to pay the fees paid out in accordance with Z 1 and which has not previously been heard in accordance with paragraph 1 (a) and charges against the fees, the fees shall be determined retrospectively. "

Section 40 (1) reads as follows:

" (1) The decision to determine the fee shall be sent to the parties. Parties are the following:

1.

in civil matters, the parties to the proceedings;

2.

in criminal matters, the prosecution, with the exception of the public prosecutor's office, and the persons against which the proceedings are directed;

3.

in civil and criminal matters, the advisers, unless:

a.

the fee may be paid in full from an advance already paid, or

b.

the experts have effectively waived the payment of funds pursuant to section 34 (1) or section 37 (2) of this Directive; or

c.

the amount of the fee recorded after completion of the activity does not exceed 200 euros;

4.

the experts. "

3. In § 42

(a) the fifth sentence shall be referred to in paragraph 1 after the word "Experts" the phrase "-except in the case of § 39 paragraph 3 Z 1-" inserted.

(b) shall be referred to in paragraph 3 before the word "an appeal decision" the phrase "a subsequent decision or" inserted.

4. In § 52 (2), the first sentence reads:

" The Public Prosecutor's Office shall have the opportunity of expressing the opinion of the supervisor or the auditor if the fee amount shown after the completion of the activity exceeds EUR 200, and those persons against whom the proceedings are addressed. , Article 39 (1a) shall apply mutatily. "

5. § 53 (1) reads:

" (1) For the scope, the assertion and the determination of the fee for interpreters, § § 24 to 34, 36, 37 (2), 38 to 42 and 52 with the following particularities shall apply in accordance with the following special circumstances:

1.

for the purposes of Section 34 (3) (1) to (3), a fee range of 1.40 to 1.60 Euro (Z 1), of 1.50 to 1.70 Euro (Z 2) and of 1.60 to 1.80 Euro per line shall be applied for written translations, depending on the specific degree of training required, with the following: Line 55 stops (including spaces) of the translation;

2.

Section 38 (1) shall apply with the proviso that the fee for the activity on a day of negotiation or consensual can be asserted at the end of each of the duties. "

Article XI

Amendment of the Law on Experts and Interpreters

The Law of Experts and Interpreters, BGBl. No. 137/1975, as last amended by the Federal Law BGBl. I n ° 111/2007, is amended as follows:

1. In § 6 (1) the word "ten" by the word "five" replaced.

2. In § 16c the quote is "14a" by quoting "14" and the turn "this federal law" through the turn " of the Federal Law BGBl. I No 111/2007 " replaced.

3. According to § 16c, the following § 16d is inserted:

" § 16d. § § 6 and 16c in the version of the Federal Law BGBl. I n ° 30/2009 will enter into force on 1 April 2009. § 6 in the version of the Federal Law BGBl. I n ° 30/2009 shall apply to recertification procedures in respect of which the freezing of the upright registration ends after 31 December 2009. '

Article XII

Amendment of the Court Fees Act

The court fee law, BGBl. No. 501/1984, as last amended by the Federal Law BGBl. I n ° 100/2008, shall be amended as follows:

1. in Note 1 to the tariff post 1, after the word "Inventory procedure" the twist " , Procedure relating to applications for the adoption of a European order for payment " inserted.

(2) In Article VI, the following Z 33 is added after Z 32:

" 33.

Tariff post 1 in the version of the Federal Law BGBl. I n ° 30/2009 will enter into force on 1 April 2009. '

Article XIII

Amendment of the rental law

The law on rental law, BGBl. No 520/1981, as last amended by the 2006 Residential Law, Federal Law Gazette (BGBl). I n ° 124, shall be amended as follows:

In section 33 (1), the second sentence reads:

" If the landlord is not entitled to a written notice of termination of the tenderer until the period of notice to be terminated for the termination date specified therein, it shall be effective for the first subsequent termination date for which the period at that time shall be was still open; for the denunciation of the tenant, as well as for the denunciation of the landlord, § 563 ZPO applies. "

Article XIV

Entry into force, transitional provisions and enforcement

(1) The Art. I, II, III, VIII and Art. X of this Federal Act, unless otherwise stated, enter into force on 1 April 2009.

(2) Art. III Z 15 and 16 (§ § 521, 521a ZPO) shall apply if the date of the decision of the first instance is after 31 March 2009. Art. III Z 10 (§ 252 ZPO) shall enter into force on 1 July 2009; Section 252 (2), first sentence and para. 3 ZPO shall apply to applications which have been brought to court after 30 June 2009.

(3) Art. X (Sections 39 (1), (1a) and (3), 40 (1), 42 (1) and (3), 52 (2) and 53 (1) of the GebAG) shall apply to all applications with which, after 31 March 2009, claims for fees are claimed.

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

Fischer

Faymann