333. Regulation of the Federal Minister of Justice, amending the Regulation on Electronic Legal Transport (ERV 2006)

On the basis of Section 89b (2) of the Court Organization Act, RGBl. No 217/1896, as last amended by the Federal Law BGBl. I n ° 92/2006, is being prescribed:

The Federal Minister of Justice for Justice on Electronic Legal Transport (ERV 2006), Federal Law Gazette (BGBl). II No 481/2005, as last amended by the BGBl Regulation. II No 130/2007, shall be amended as follows:

1. § 1 (2) reads:

" (2) A procedural plea set back for improvement (§ § 84, 85 ZPO) shall be improved in the form that it, with reference to the notified file number, as a first entry in the sense of the interface description in accordance with § 5 para. 2 in electronic and improved form. Other pleadings which are set back for improvement can be introduced electronically as a sequence input. Improvements in the company's accounting procedure are to be introduced as a follow-up application in the sense of the interface description in accordance with § 5 paragraph 2. "

2. § 2 together with the title shall be deleted.

3. § 5 (1) is replaced by the following paragraphs:

" (1) Electronic submissions and electronically supplied charges as well as supplements must comply with the interface description in accordance with paragraph 2. In principle, inputs and charges can also be transmitted as a PDF attachment in accordance with the interface description in accordance with paragraph 2. The written records in accordance with § § 1 and 2 AFV 2002 are to be introduced in a structured form, which enables the further processing supported by the automation system; the introduction of these statements as a PDF attachment is not permitted.

(1a) The electronic transmission of inputs and charges is done by means of automation-supported and structured data transmission. Fax and e-mail are not permitted forms of electronic legal traffic within the meaning of this Regulation. "

(4) In Section 8a (1) and (2), the word order shall be deleted "or public documents" .

5. In Section 8a (3), the citation shall be "§ 12" through the citation "§ 11" replaced.

6. § 9 (4) reads:

" (4) § 8a is not applicable for the submission of documents in accordance with § § 277 to 281 of the German Commercial Code (UGB); they are deemed to have been submitted with the correct electronic transmission of the data. If these documents are returned for improvement, they are to be resubmitted in an improved form to be fully resubmitted. "

7. § 10 (1) and (2) reads:

" (1) In the basic book procedure, entries in paper form are to be introduced, supplements-with the exception of plans for the basic-bookable division of land pieces-can be introduced electronically. In the case of land belonging to other files (§ 448 para. 4 Geo.), the electronic introduction of entries and supplements is not permitted.

(2) The electronic introduction of supplements in the land register procedure must be carried out in such a way that in the paper input the location in a document archive of a corporation public law (§ 91c GOG) has been pointed out and, with the announcement of a a unique identification term shall be effectively authorised to give access to the data of the stored document; documents stored in the document collection of the land register or the company's book shall be provided by a reference to the documents Setting into the collection of documents is presented. The entry also includes the supplement properties (type of document, date of establishment and any comments to be made on the supplement). Certificates which are to be exercised inextricably with the possession or inexoration of the document by passing or presenting the document cannot be submitted electronically. § 3 shall not apply. "

8. In Section 11, Section 1a, the parenthesis shall be "(including supplements)" through the phrase "and in the original to be submitted supplements in the basic book or company book procedure" replaced.

9. According to Article 11 (1b), the following paragraph 1c is inserted:

" (1c) § 1 para. 2, § 5 (1) and 1a, § 8a (1) to (3), § 9 (4) and § 10 (1) and (2) in the version of the BGBl Regulation. II No 333/2007 as well as the repeal of § 2 will enter into force on 1 December 2007. Section 11 (1a) as amended by this Regulation shall enter into force 1. Jänner 2008 in force. "

Berger