482. 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. No 164/2005, in the context of the implementation of Directive 2003 /58/EC:

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

1 (1), (2) and (3) shall read:

" (1) All entries and inserts of submissions to courts and public prosecutors may be submitted electronically in accordance with § § 5, 8a, 9 and 10.

(2) An entry for improvement (§ § 84, 85 ZPO) cannot be re-introduced electronically. However, the explanations or supplements required for the improvement of a returned input can be introduced electronically.

(3) Erleallegations and supplements may be sent electronically in accordance with § 5 to providers who have made use of electronic legal services or have expressly agreed to the electronic delivery. Without prejudice to the effectiveness of electronic delivery, the execution shall also be made in writing on paper, on a case-by-case basis. "

2. According to Article 1 (3), the following paragraph 3a is inserted:

" (3a) Electronic extracts from the database of the company's book, as well as documents obtained from the collections of the basic book and the company's book, shall be used to ensure authenticity and integrity with the electronic signature of the Justice (§ 89c para. 3 GOG) to be provided. "

3. In accordance with Section 3 (1), the following paragraph 1a is inserted:

" (1a) In the case of a participant in the electronic legal services of a number of transmission stations, the charges and supplements shall be sent electronically via the transmission centre which was last assigned by the participant. The transmitting agency shall disclose the date of the assignment to Bundesrechenzentrum GmbH. "

4. § 5 (2) reads:

" (2) The Federal Ministry of Justice has a description of the nature of the data transmission, the complete data structure, the admissible supplement formats, including the rules on the field contents and the maximum permissible extent for all electronic input and erasure types (interface description) on the website "www.edikte.justiz.gv.at". In addition, the transmission agencies shall publish any specifications of the additional services they offer on their website. "

5. § 6 (3) reads:

" (3) In order to ensure data integrity, every transmission in electronic legal traffic must be encrypted. To ensure authenticity, all parties involved in the transfer are certificates issued by a registered certification service provider (Section 89c (2) (1) of the GOG), or a solely for the purpose of electronic transmission. Legal traffic network with automatically running multi-level authentication procedures, to be used (§ 89c paragraph 2 Z 2 GOG). In direct traffic and in the communication between the transmitting agency and the Bundesrechenzentrum GmbH, certificates issued by the Bundesrechenzentrum GmbH can also be used. "

6. § 7 (1) reads:

" (1) In order to participate in electronic legal transactions, a text string shall be drawn up for the provider under which his name and address as well as an identifier in which manner he participates in electronic legal transactions shall be drawn up in Bundesrechenzentrum GmbH. will be saved. The data set associated with the written code may also include bank connections for the collection of the court fees (AEV account), where applicable an account for the deposit of sums of money (deposit account) as well as additional information concerning providers. (e.g. according to § 21 (4) of the German Data Protection Act 2000, BGBl. I No 165/1999, to be used as the leading register number). '

7. In accordance with § 8, the following § 8a and title shall be inserted:

" Special provisions for electronic entries in the company's book procedure

§ 8a. (1) Without prejudice to § 10-Inputs to which supplements are to be connected, in the company's accounting procedure, electronic contributions can be made if the supplements to be connected are in the original archive of the Austrian notary (Art. XIII § 18 of the Vocational Law Amendment Act for Notaries, Lawyers and Civil Engineers 2006-BRÄG 2006, BGBl. I n ° 164/2005), are stored in a document archive of a public corporation (§ 91c GOG) or in the document collection of the basic book or the company's book.

(2) The supplements shall be submitted in the form that the setting is placed in the document archive of the Austrian notary (Art. XIII § 18 of the BRÄG 2006, BGBl. I n ° 164/2005) or in a document archive of a public corporation (§ 91c GOG) and, with the disclosure of a unique document identification concept, effective the authorisation for access to the data of the stored document , documents stored in the document collection of the Basic Book or the Company Book shall be submitted by a reference to the setting in the collection of documents. 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) Need for an electronically submitted application of the certified form (§ 12 of the German Corporate Code-UGB, dRGBl. S 219/1897, as last amended by BGBl. I n ° 103/2006), it must be entered in a document archive of a public corporation under public law (§ 91c GOG) or in the archives of the Austrian Notariats (Art. XIII § 18 of the BRÄG 2006, BGBl. I n ° 164/2005), and submit it to the Court of First Instance as a supplement. "

8. In § 9 (1) the word "Audit Notes" by the word "Confirmation note" replaced.

9. According to Article 9 (1), the following subsections 1a and 1b are inserted:

" (1a) Documents in accordance with § § 277 to 281 of the German Commercial Code (UGB) are to be introduced in structured form in the course of financial online in direct traffic.

(1b) If the documents referred to in § § 277 to 281 of the German Commercial Code (UGB) are subject to special statutory provisions which deviate from the statutory provisions of the UGB, they may be used in scanned form as a supplement for electronic legal transactions. shall be submitted. The same shall apply to annual accounts which have an outline which is permissible under the UGB, but which is not representable in structured form in accordance with the interface description in accordance with § 5 (2), for consolidated financial statements as well as for financial statements, which have been drawn up under international accounting standards. The reason for the template in scanned form is to be pointed out. "

10. In § 10, the Citization "§ 3 (2)" through the citation "§ 3" replaced.

11. According to Article 11 (1), the following paragraph 1a is inserted:

" (1a) § 1 (1) and (2), § 3 (1a), § 5 (2), § 7 (1), § 8a, § 9 (1a) and (1b) and § 10 in the version of the BGBl Regulation. II No 482/2006 are due to 1. Jänner 2007 in force. By 1 July 2007 at the latest, the technical possibilities for lawyers and notaries are to submit the entries permitted under this Regulation (together with supplements) in electronic legal transactions (Section 89c (5) GOG). "

Gastinger