Amendment Of Civil Procedure 2009 - Zvn 2009

Original Language Title: Zivilverfahrens-Novelle 2009 – ZVN 2009

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
30 Federal law that modifies the jurisdiction standard, the introduction Act to the code of civil procedure, the code of civil procedure, the labour and social courts act, except armed law, the execution order, the Bankruptcy Act, the Court Organization law, the registrars Act, the fees entitlement Act, the expert and interpreters Act, the court fees Act and the landlord and Tenant Act (Amendment of civil procedure 2009 - ZVN 2009)

The National Council has decided:

Article I

Change the jurisdiction standard

The standards of jurisdiction, RGBl. No. 111/1895, amended by Federal Law Gazette I no. 103/2006, is amended as follows:

1. in article 20, Z 3 eliminates the phrase ", her ward".

2. section 68 is amended as follows:

a) paragraph 1 is as follows:



"(1) military law 2001 place the garrison is deemed for the soldiers of the Federal Army in accordance with § 1 para. 3 in respect of jurisdiction residence.".

b) paragraph 3 is as follows:



"After of the sending commands applies (3) as a residence by soldiers who are not on the domestic Ausmittlung of jurisdiction. For those individuals who are not soldiers and are sent under leadership of the Federal Minister of defence in accordance with the Federal Constitutional law on cooperation and solidarity in sending units and individuals abroad (KSE-BVG), the place of the service authority, which leads this posting deemed residence."

3. in article 76a, the parenthesis quote has to be:



"(§ 49 ABS. 2 Z 2 und 2B sowie ABS. 3)".

4. in paragraph 118, subpara 1 lit. a, Z 2 lit. a and Z 3 is replaced by the phrase "Court of Graz-OST" the phrase "District Court in civil law matters Graz".

5. in article 120, paragraph 2, first sentence, is the bracket expression "(Abs. 1 Z 1 und 2)" by the parenthetical expression "(Abs. 1 Z 1, 2 und 6)" replaced.

Article II

Modification of the introductory act to the civil procedure code

The introduction of law to the civil procedure RGBl. No. 112/1895, as last amended by Federal Law Gazette I no. 7/2006, is amended as follows:

Article XLI is repealed.

Article III

Amendment of the code of civil procedure

The civil procedure RGBl. No. 113/1895, as last amended by Federal Law Gazette I no. 7/2006, is amended as follows:

1. in section 6a of the quote is "§ 273 ABGB ' by the quote" § 268 ABGB "replaced.

2. section is repealed 18 para 4.

3. in article 50, paragraph 1, the quote "sections 40 to 49" by the quote "sections 40 to 48" will be replaced.

4. Article 64 is amended as follows:

(a) in paragraph 1 Z 3 replaced the quote "§ 31 para 2 and 4" by the quote "§ 31 para 2 and 3".

(b) the following paragraph 4 is added:



"(4) in para 1 subpara 1 lit. a reasonable advance on the is f mentioned representatives at the request of provisionally to be paid necessary out-of-pocket expenses be granted if this total is expected to exceed the amount of 100 euros."

5. According to article 73, the following eighth title is inserted:



"Eighth title

Sign language interpreters





section 73a. (1) a party is deaf, highly hearing impaired or tongue-tied, an interpreter for sign language is the procedure to call in, unless the party in this to understand. The Federal Government bears the cost of the interpreter.

(2) the Federal Government bears the sign language interpreter costs, that has consumed the party for the necessary to the management of the process contact with their legal representatives. These are to reward her, resulting in by analogy with the provisions of the fees entitlement Act 1975 to the extent."

6. in article 97, in subsection 4 the quote "§ 9 para 3" by the quote "§ 9 par. 5" replaced and added the following paragraph 5:



"A service proxy can be not effective granted (5) a person who has no place of delivery at home. § 9 para 2 of extra Act does not apply."



6a. 98 the following section is inserted after section 97:







98. (1) parties or agent, which have no place of delivery in the country, can be applied by the Court, within a to be determined at the same time, at least two week period from notification of the order for this dispute to make designating a representative ad litem. Failure to meet this order, so more deliveries be made by sending the respective document without proof of delivery is an appropriate delivery agent made designating the Court or a delivery point in Germany announced the Court. The document is considered to 14 days following posting of the post. This legal consequence is noted in the order.

§ 97 paragraph 5. applies (2) to the delivery agent"

7 the following paragraph 3 is added to § the 121:



"(3) the provisions of Regulation (EC) No. of 1393/2007 concerning the service of judicial and extrajudicial documents in civil or commercial matters in the Member States and repealing Regulation (EC) No 1348/2000, OJ" No. S. 79, remain unaffected L 324, December 10, 2007."

8 section is lifted 185 paragraph 1a.

9. in article 244, paragraph 1 "(§§ 548 bis 559) bracket quote is" through the parenthesis quote "(§§ 555 bis 559)" replaced.

10. According to § 251, 252 the following paragraph with heading shall be inserted:



"European order for payment procedure



252. (1) where regulation (EC) No. 1896/2006 creating a European order for payment procedure, OJ No. L 399 of 30.12.2006 S. 1, not other orders, are to apply the rules of procedure applicable for the relevant process item.

(2) for the implementation of the order for payment procedure, only the District Court for commercial matters Vienna is responsible. The application for issuing a European order for payment is one action is keep.

(3) upon receipt of a timely objection, the Court has to make it to the applicant with a request, to make known the court competent for the application of the ordinary procedure, provided that the procedure not referred to in article 7 to finish section 4 of the regulation is within a period of 30 days. Makes the applicant received a court form, so to transfer the case to this. The dispute pending status is not cleared by the transfer. The examination of jurisdiction is the Court in which the case was referred. Makes the deadline no court designating the applicant, the complaint must be rejected.

(4) following referral of the case pursuant to paragraph 3, the Court has according to sections 257 to do the ff. The defendant is the plea of lack of competence of the Court to make, before he engages in the hearing on the merits. After the main proceedings defendant entering an appearance, the lack of jurisdiction of the Court only under the conditions of § 240 can also be taken into account.

(5) the court competent for the execution of the order for payment procedure is responsible also for the review pursuant to article 20 of the regulation. For applications under article 20 para 1 shall apply Regulation that paragraph 2 applies to sections 149 and 153, requests under article 20 § 149 according to. Explains the European order for payment the Court according to article 20 paragraph 1 of which is regulation null and void, so unless the applicant para. 4 of regulation has not a declaration pursuant to article 7, to initiate ordinary proceedings. A declaration exists under article 7 paragraph 4 of regulation or the court annuls the European order for payment under article 20 para 2 of the regulation annulled, so the procedure is completed. A restitutio in integrum for the sections 146 ff does not take place paragraph 2 of regulation due to non-observance of the time limit under article 16. A nullity or complaints may not be raised.

(6) on the deadline for making an opposition to a European order for payment, the negotiation time has no influence.

The application (7) modifies the Regulation pursuant to article 10 so he deemed withdrawn without giving up the claim for the remaining part of the claim."

11. According to § 276, 277 the following paragraph with heading shall be inserted:



"Using technical facilities for Word - and image transmission in the taking of evidence



section 277. The Court can perform a direct taking of evidence by using technical facilities for Word - and image transmission in accordance with the technical possibilities and taking into account the procedural economy instead of questioning by a judge requested."

11A. section 311 paragraph 2 reads:



"(2) in order to prove the authenticity of such certificate the certification by the competent local Austrian consular authorities is sufficient, unless not stated otherwise by special provisions,."

12. in article 332, paragraph 1, the amount of "EUR 100" is replaced by the amount of "200 euro".

13 paragraph 470:






§ 470.

Upon receipt of appeal files to the Court of appeal of judges entrusted with the duties of a Chairman of the Appeal Tribunal must check the appeal files."



14 paragraph 521 paragraph 1:



"(1) the appeal period is 14 days. The appeal aimed against a final decision or a removal order pursuant to section 519, paragraph 1 Z 2, the appeal period is four weeks. The appeal period may not be extended."

15 paragraph 521a:





§ 521a. (1) an appeal depends on dispute pending against a decision which is not merely procedural conductive, so the trial court of first instance has, if it does not reject the appeal, to make the appeal book or a copy of the Protocol be replaced it the opponent of appeals affiliate. The appeal of opponents second sentence within the period of grace of four weeks after the delivery of the appeal book or of the Protocol be replaced them at the Court of first instance can attach within the period of grace of 14 days, in the cases of § 521 1 a response to appeals. Section 520 para 1 last sentence and article 464, paragraph 3 shall apply mutatis mutandis.

"(2) for revision recourses to article 528 para 2a and 1 with the requirements arising from the proper application of § § 507, 507a, 507b, 508 and 508a applies to extraordinary recourses of revision."

16 548 paragraph including headings:



"The first section

European small claims procedure



548. (1) where regulation (EC) No. 861/2007 establishing a European procedure for small claims, OJ No. L 199 of the 31 July 2007 p. 1, not other orders, are to apply the rules of procedure applicable for the relevant process item.

(2) on the procedures under the regulation, negotiation-free time has no influence.

(3) the counterclaim does not fall under article 5 paragraph 6 of the regulation in its scope, then it - is paragraph 7 of Regulation - except in the case of article 5 to reject. In the case of the counterclaim pursuant to article 5, the process to continue are para 7 of the regulation.

(4) if the conditions laid down in article 7 paragraph 3 of the regulation, the Court has officio for failure to comply with judge § 396. A contradiction to § 397a is allowed.

(5) responsible for the European small claims court of first instance is responsible also for the review pursuant to article 18 of the regulation; for this purpose the §§ 149 and 153 shall apply mutatis mutandis. The court annuls the judgment pursuant to article 18 of the regulation annulled, so the dispute in the location resigns, in which he has been before the procedure leading to the annulment."

17. the paragraphs 549-554 shall be repealed.

18. the sections 555-559 are including headings:



"Second section

Change cases



§ 555 (1) if made claim is the claim with the claim based on a change, which has all the requirements of validity and against whose authenticity no concerns arise, and if at the same time complaint except for the change also the protest and the acknowledged invoice, insofar as these documents in each case to justify the applicant claims are necessary, be presented in original , the complaining party may request that will put the defendant, to pay the Bill debt together with the designated secondary claims and the cost of addressed and determined by the judge within the emergency period of fourteen days in any other execution or to raise objections against it (payment orders).

(2) a declaration of change by a ruler is signed, so the payment order may be issued only, if the power of Attorney of the power sensor is taught except the documents referred to in paragraph 1.

(3) paragraphs 1 and 2 apply also for the assertion of recourse before the expiry of the change when hiefür in articles 43 and 44 of the Exchange Act also required conditions through credible, the claim in original enclosed documents are assigned to. For detecting the opening of bankruptcy proceedings (composition proceedings, the supervision of business) the template is sufficient one which in article 44 paragraph 6 law of change of stated notices.



Article 556 (1) as a result of an application filed in the lawsuit is the payment order without previous hearing and adopted understanding of the defendant.

(2) a payment order cannot be issued if the defendant has their domicile, habitual residence or seat abroad.

(3) in the payment order, it is to say that the defendant within fourteen days after delivery of the payment order by any other execution have to satisfy the claims asserted against them along with the cost determined by the Court or to raise objections against the payment order. This period may not be extended. Article 464, paragraph 3 is to apply but by analogy.

(4) the payment order shall be notified to the defendant under the rules for complaints.

(5) may not be granted provided the claim application for issuing a payment order, so, if suitable action for the determination of the Tagsatzung for the hearing before this Court, to proceed according to the instructions of the law; otherwise, the action as to the initiation of the procedure is not suitable to reject.



§ 557 (1) against the issuing of the payment order is not allowed an appeal, but the decision contained in the payment order on the costs by the means of appeal can be appealed.

(2) the objections against the payment order are to attach within the time limit referred to in the payment order to the Court which issued the order. Belatedly mounted objections are not to reject negotiations.

(3) about timely raised objections, a preparatory Tagsatzung is without a renewed request of the claimant if at all possible short time to organise.

(4) the action can only up to the survey of the objections against the payment order without the consent of the defendant, if but the claimant also waives the claim, nor to be withdrawn at the end of the hearing of the dispute (section 237).

(5) on the withdrawal of the objections the appropriate rules on the withdrawal of the appeal (§ 484) apply.

(6) one of the parties fails to timely raised objections by a Tagsatzung, before she has left by oral submissions to the main issue in the dispute, a failure to comply with judgment is at the request of the appearing party according to § 396 felling.



§ 558. In the judgment be completed the procedure is to pronounce whether the stay maintained issued payment order against the respondent or whether and to what extent the same will be lifted.



§ 559. In legal disputes arising from bills of exchange the restitutio in integrum and the retrial to the detriment of a party that acted in the main process in good faith, does not occur, if this party in the meantime to third parties by the time fully or for the parts lost their change-moderate claims or because short remaining time not more can claim."

19 paragraph 563:





563. (1) a court order terminating must be before the required notice period at Court are attached for the termination date referred to therein in accordance with section 560, para 1 Nos. 1 and 2. Aufkündigungen attached after starting time must be rejected by virtue by decision. However, attached Aufkündigungen are also to make the opponent if the service can no longer be effected before the start of the period of notice prior to the deadline.

(2) a court order terminating is effective for the termination date referred to therein, if it the opponent before the Nos. 1 and 2 required notice is placed for this termination date in accordance with section 560, paragraph 1, or if the opponent late delivery against them had no objections or not complains the delay. If the opponent complains the delay but, the termination for the first subsequent termination date is effective for the period at the time of their delivery was still open."

20. in paragraph 564, paragraph called "(1)" and paragraph 2 are eliminated.

21 § 567 is amended as follows:

(a) in paragraph 3, the phrase "Paragraph 1"; eliminates

b) paragraph 4 shall be repealed.

22. in section 572 is after the phrase "whether and to what extent" inserted the phrase "and to claim late delivery - date for which".

Article IV

Change of the labour and social Court Act

The labour and social courts act, Federal Law Gazette No. 104/1985, as last amended by Federal Law Gazette I no. 82/2008, is amended as follows:

1. Article 20 is amended as follows:

(a) in paragraph 1 be Z 2

AA) they lit. c:





c) of the Federal Committee of the Austrian Chamber of dentists;

BB) the lit. i:






"i) the annual general meeting of the Austrian Veterinary Association.".

b) para 2 subpara 2 lit. e is omitted; in lit. the comma is replaced by a dot at the end of d.

2. paragraph 81:





Article 81. A copy of the judgment which the social case for the instance is completely done, is immediately to send even the Federal Ministry for labour, Social Affairs and consumer protection."

3. Article 98 is amended as follows:

(a) with Federal Law Gazette I no. 77 / 2007 inserted paragraph with the paragraph designation (15) receives the sales designation (18);

(b) the with Federal Law Gazette I no. 102 / 2007 inserted paragraph named (18) paragraph is paragraph labeled (19);

c) I receiving the sales designation (20); No. 82 / 2008 added paragraph (19) is named the paragraph with Federal Law Gazette.

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



"(21) §§ 20 and 81, as well as the changes in annex 1 as amended by Federal Law Gazette I no. 30/2009 1st April 2009 into force."

4. in Appendix 1, the term "Chamber of dentist" at the circle of employers in major group 2 is replaced by the term "Dental Association" and the phrase "a Chamber of veterinarians" by the term "the Veterinary Association".

Article V

Amendment of the Act of except dispute

Except armed law law, Federal Law Gazette I no. 111/2003, last amended by Federal Law Gazette I no. 68/2008 is amended as follows:

1 paragraph 4 section 3:



"(3) section 73a code of civil procedure shall apply mutatis mutandis."

2 in § 5 para 2 subpara 2 lit. c is the quote "section 273 ABGB ' by the quote" § 268 ABGB "replaced.

3. in article 35, the phrase "through the use of technical facilities for Word - and image transmission in the evidence," is inserted after the phrase "the provisions of the code of civil procedure".

4. § 83 para 5 replaces the quote "section 74 para 4" by the quote "section 74 para 5".

5. According to the § 207, b is inserted the following § 207 c together with the heading:



"Entry into force and transitional provisions to the Federal Act Federal Law Gazette I no. 30/2009"



§ 207c. I 30/2009 No. §§ 4, 5, 35 and 83 as amended by Federal Law Gazette 1 April 2009 into effect."

Article VI

Change the execution order

The execution order, RGBl. No. 79/1896, last amended by Federal Law Gazette I no. 82/2008 is amended as follows:

1 the following paragraph 3 is added to § the 65:



"(3) § 521a ZPO is - unless it is decisions about the costs of the execution proceedings or unless otherwise arranged in this law - does not apply.".

2. section 73a and heading shall be repealed.

3. According to section 411, 412 the following section including headline is attached:



"Entry into force and transitional provisions to the ZVN 2009



412. (1) section 65 paragraph 3 as amended by Federal Law Gazette I no. 30/2009 effective with April 1, 2009. The provision is to apply in this version, if the date of the decision first instance on March 31, 2009.

(2) the repeal of section 73a 1 April 2009 into force."

Article VII

Amendment of the bankruptcy procedure

The Bankruptcy Act, RGBl. No. 337/1914, as last amended by Federal Law Gazette I no. 82/2008, is amended as follows:

1. in article 74, paragraph 1, no. 6 is the phrase "or appointing a representative ad litem (§ 104)".

2. § 104 paragraph 3 last sentence shall be repealed.

The following paragraph 4 is added to § 3. 176:



"(4) § 521a ZPO is - unless otherwise arranged in this law - does not apply.".

The following paragraph 7 is added to § 4. 254:



"(7) § 176 para 4 as amended by Federal Law Gazette I no. 30/2009 effective with April 1, 2009. The provision is to apply in this version, if the date of the decision first instance on March 31, 2009."

Article VIII

Amendment of the Court Organization Act

The Court Organization law, RGBl. No. 217/1896, amended by Federal Law Gazette I no. 111/2007, is amended as follows:

1. in article 47, paragraph 2, the quote "section 82 para 2" by the quote "section 82" will be replaced.

2. According to the § 89 k, the following paragraph is inserted 89 l together with the heading:



"Register information



§ 89 l. (1) anyone may request information about court and file number of in the electronic register contained civil proceedings at the District Court of his domicile or habitual residence, in which he is party. This information shall be granted in accordance with the technical possibilities, as well as taking on a simple and economical management and a sufficient protection against abuse by third parties.

(2) under other legal provisions existing access rights remain unaffected."

3. § 91a and heading shall be repealed.

Article IX

Amendment of the registrars Act

The registrars Act, Federal Law Gazette No. 560/1985, as last amended by Federal Law Gazette I no. 72/2007, is amended as follows:

1. in article 2, the words No. 2 be replaced 'leaving Sciences and curatorship matters"by the words"probate matters, minors and Sachwalterschaftsangelegenheiten".

2. § 16 is amended as follows:

(a) in paragraph 1 subpara 1 lit. After the word "Procedure", a is the bracket expression "(§§ 244 bis 251, § 448 ZPO)" inserted.

b) para 2 subpara 2 shall be repealed.

3. in article 19, paragraph 1, the Nos. 2 and 3 are:





"2. the decision on applications for approval of execution to ensure after § 372 EO by the Exekutionsmittel EO stated in article 374, paragraph 1, except the receivership due to an execution title created by the guardianship court about maintenance fees;

3. the decision on the approval, suspension or restriction of an injunction after section 382a EO as well as an injunction according to § 382 No. 8 lit. a EO, provided that the related proceedings on the merits in the sphere of the Rechtspfleger falls;"

4 the following paragraph 5 is added to § the 45:



"I 30/2009 No. (5) sections 2, 16, 19 and 46 as amended by Federal Law Gazette 1 April 2009 into effect. § 19 para 1 No. 3 in the version of Federal Law Gazette I no. is 30/2009 apply, if the application for issuing the injunction is received after March 31, 2009 in court."

5 the following paragraph 3 is added to § the 46:



"(3) an order made before April 1, 2009 applies to a work area to the sphere of guardianship matters as ordering a work area to the sphere of"minors and Sachwalterschaftsangelegenheiten"."

Article X

Amendment of the fees entitlement Act

The charges claim Act, Federal Law Gazette No. 136/1975, amended by Federal Law Gazette I no. 111/2007, is amended as follows:

1. in section 39

(a) not required in paragraph 1 the last sentence;

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



"(1a) the parties (section 40 para 1) is the opportunity to submit its observations on the application of fees to give." Is the opportunity given in writing, a reasonable period of at least seven is so set but normally 14 days. ";

(c) paragraph 3 reads:



"(3) no objections against the antragsgemäße determination of the fee or waive any objections the parties to verständigenden according to paragraph 1a, the Court may, if it has no reservations about the level of charges,



1. without decision making the payout of the listed fees order; or 2 in decision making in antragsgemäßer height to the grounds of the decision refer to the fee request issued to these parties.

Should a person committed to final pay of the fees paid to Z 1 are that was previously not referred to in paragraph 1a and raises objections to the fees, the charges are later decision to determine."

2. paragraph 40 paragraph 1:



"(1) the decision determines the fee, is to make to the parties. Parties are the following persons:



1. in civil matters the parties to the proceedings;

2. in criminal matters the prosecution with the exception of the public prosecutor's Office, as well as those persons, against which the procedure aimed;

3. in civil and criminal matters that unless verifiers and Auditors, because, as the fee can be paid entirely from an already imposed advance, or b. the experts have dispensed according to article 34, paragraph 1 or § 37 para 2 effective on withdrawal from Office funds or the amount of the fee recorded upon completion of the activity exceeds c. not 200 euro;

4. the experts."

3. in section 42


a) is in paragraph 1 fifth rate is calculated after the word "Experts" the phrase "-except in the case of § 39 para 3 Z 1-" inserted.

(b) is in paragraph 3 before the phrase "a right of appeal decision", the phrase "a subsequent decision or" inserted.

4. in article 52, paragraph 2, the first sentence reads:



"The public prosecutor's Office has the auditor or the Auditor, as well as those persons against which the procedure is directed, be given the opportunity to submit its observations on the application of fees; if the amount of the fee recorded upon completion of the activity exceeds 200 euro, 39 paragraph 1a shall apply mutatis mutandis. §"

5. paragraph 53 paragraph 1:



"(1) to the extent that the right to claim and the determination of the fee of the interpreters and translators shall apply articles 24 to 34, 36, 37 para 2, 38 to 42 and 52 with following features mutatis mutandis:"



1. for the purposes of § 34 paragraph 3 Z 1 to 3 are for written translations according to specifically required education level charging framework from 1.40 to 1.60 euros (No. 1), to apply from 1.50 to 1.70 euros (No. 2) and from 1.60 to 1.80 euros per line, with line 55 characters (including spaces) considered the translation;

2. § 38 is with the provision to apply, that the fee for the activity on a day of interrogation or negotiation can each be asserted at the end. para 1"

Article XI

Change of the experts and interpreters Act

The experts and interpreters Act, Federal Law Gazette No. 137/1975, amended by Federal Law Gazette I no. 111/2007, is amended as follows:

1. in article 6, paragraph 1 is replaced "ten" by the word "five".

2. in section 16c the quote "14a" is the quote "14" and the phrase "Federal Act" by the phrase "of the Federal Act Federal Law Gazette I no. 111/2007" replaced.

3. pursuant to paragraph 16c 16B the following section shall be inserted:





section 16B. I no. 30/2009 the articles 6 and 16 c in the version of Federal Law Gazette 1 April 2009 into effect. § 6 in the version of Federal Law Gazette I no. is 30/2009 re certification procedure to apply, where the time limit of the upright registration ends after December 31, 2009."

Article XII

Amendment to the court fees Act

The court fees Act, Federal Law Gazette No. 501/1984, amended by Federal Law Gazette I no. 100/2008, is amended as follows:

1. in note 1 to the collective post is 1 after the word "Existing procedures" the twist ", procedure of applications for the issue of a European order for payment" added.

2. in article VI, 33 is added 32 following Z after Z:





"33. tariff post 1 in the version of Federal Law Gazette I 30/2009 occurs no. 1 April 2009 in force."

Article XIII

Change of tenancy law

The landlord and Tenant Act, Federal Law Gazette No. 520/1981, as last amended by the housing law amendment in 2006, Federal Law Gazette I no. 124, is amended as follows:

In article 33, paragraph 1, the second sentence reads:



"A written notice of the lessee goes to only to notice the landlord after the start for the termination date referred to therein, it is effective for the first subsequent termination date, for the period at this time was still open; for the judicial termination of the tenant and for the termination of the landlord applies ZPO. § 563"

Article XIV

Entry into force, transitional provisions and enforcement

(1) occur articles I, II, III, VIII and article X of the Federal law, unless otherwise arranged with force, April 1, 2009.

(2) Nos. 15 and 16 (§§ 521, 521a ZPO) apply article III, if the date of the decision first instance on March 31, 2009. Article III Z 10 (§ 252 ZPO) July 1, 2009 comes into force. Article 252, paragraph 2, first sentence, and paragraph 3 are CCP to apply to applications which are received after June 30, 2009, at court.

(3) article X (§§ 39 para 1, 1a and 3, 40 para of 1, 42 para 1 and 3, 52 para of 2 and 53 para 1 GebAG) is to apply to all requests for fee claims are asserted that after March 31, 2009.



(4) with the execution of this federal law, the Federal Minister of Justice is responsible.

Fischer

Faymann

Related Laws