481. Regulation of the Federal Minister for Justice 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 ° 164/2005, shall be ordered:

Admissibility of electronic legal transactions

§ 1. (1) Inputs and supplements may be filed electronically in the courts and public prosecutors in accordance with § 5, but only in the basic book and corporate accounting procedures, insofar as this is provided for in the case of company book entries in § 9 and supplements in § 10 .

(2) An entry for improvement (§ § 84, 85 ZPO) cannot be re-introduced electronically. However, the explanations required to improve the input may be made electronically.

(3) Erleallegations and supplements may be delivered electronically in accordance with § 5 to the provider, if they make use of the electronic legal system. Without prejudice to the effectiveness of electronic delivery, the execution must also be made in writing on paper, on a case-by-case basis.

(4) In the period between 16.00 and 24.00, as well as on Saturdays, Sundays and public holidays, electronic delivery shall not be permitted.

(5) In the same way as the decision authored a remark of the order of precedence (§ 54 GBG), all charges which are to be delivered to their own handes are excluded from the electronic delivery.

(6) The personal expressions used in this Regulation shall include both women and men.

IT procedures

§ 2. (1) The electronic transmission of inputs and charges is done by means of automation-supported, structured data transmission in text format.

(2) The data in the form of entries and accusations as well as supplements shall be transmitted in such a way that they can in principle be further processed electronically by the recipient.

Transmission centres, direct transport

§ 3. (1) The provider of an electronic input has to be served by a transmitting agency. The transmitting agencies are to be made known by the Federal Minister for Justice on the Internet homepage of the judiciary.

(2) The Federal Minister for Justice may, in so far as this is appropriate on the basis of technical possibilities or serve a simpler and more economical administration, arrange for certain entries and accusations directly in the way of the Bundesrechenzentrum GmbH are to be transmitted (direct traffic). In this case, the Bundesrechenzentrum GmbH shall meet the obligations of the transmitting agency.

(3) For the arrangement of direct transport (par. 2) it is also necessary that the technical and organisational conditions for a secure and economical data transmission are fulfilled; this means that the Bundesrechenzentrum GmbH is to be consulted.

(4) Prior to the recording of the transmissions, the transmitting agency shall ensure in a test operation that proper operation is ensured.

(5) In the event of a serious breach of this Regulation or serious unreliability in operation, the transmitting body may be prohibited from continuing to operate.

Arrival date, delivery date

§ 4. (1) If the transmitting agency has taken over the data of the input for forwarding to the Bundesrechenzentrum GmbH, it shall inform the provider immediately and record the date (day and time) of this feedback; this date is to be transmitted with the data of the input.

(2) The Bundesrechenzentrum GmbH has to log when the data of the input arrived at it (day and time).

(3) The transmitting agency shall record the date (day and time) at which the data of the charges have entered the electronic control area of the recipient (electronic delivery), and the Bundesrechenzentrum GmbH shall be responsible for the date and time of the transfer. Transfer to the sending court or the sending prosecutor's office (§ 89d para. 2 GOG). The date (day and time) on which the data of the payout was actually taken over by the addressee is also to be recorded and, on request, to be disclosed to the sender; this protocol shall be kept for at least three years.

Form of electronic transmissions

§ 5. (1) Electronic submissions and electronically supplied charges as well as supplements must correspond to an interface description in accordance with paragraph 2, for warning and for executive requests, moreover, of the ADV-form Regulation, BGBl. II No 510/2002. Fax and e-mail are not permitted forms of electronic legal traffic within the meaning of this Regulation.

(2) The transmitting agency shall have a description of the nature of the data transmission, the complete data structure, the admissible supplement formats, including the rules on the contents of the field, for all types of electronic input and delivery. to permanently provide the maximum permissible range (interface description) on the Internet.

(3) The transmitting agency shall ensure that electronic submissions and electronically supplied charges as well as supplements shall only be taken over and processed further if they correspond to the interface description as defined in paragraph 2.

Data security

§ 6. (1) In order to ensure the protection against abuses, the parties involved in the electronic legal system must ensure, by means of appropriate technical and organisational measures, that the input can only be submitted electronically by the person who is in the Input is referred to as a feeder.

(2) It is also necessary to ensure that the data can be obtained electronically only from the area of disposal of the consignee designated in the service and that it is secured there against abusive access.

(3) In order to ensure data integrity, each transmission of inputs, inserts and errands shall be encrypted. In order to ensure authenticity, all parties involved in the transfer shall be subject to certificates issued by a registered certification service provider, or solely for the purpose of the transfer of inputs, supplements and Erased network with automatically running multi-level authentication methods. 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.

Address Code

§ 7. (1) In order to participate in electronic legal transactions, a text string shall be drawn up for the provider, the name and address of which shall be drawn up as well as an identifier that, and in what manner, it shall participate in the electronic legal system in which: Bundesrechenzentrum GmbH will be saved. 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 funds (deposit account), the transmission point known to the chamber referred to in paragraph 2, as well as additional information concerning providers (e.g. the German Federal Data Protection Act (BGBl) according to § 21 (4) of the German Data Protection Act 2000). I No 165/1999, as amended, to be included in the current version of the register.

(2) The written code is for lawyers and lawyers ' associations of the competent Bar Association, for notaries and notary partnerships of the competent notary chamber, for economic spellings of the Chamber of the The Federal Ministry of Justice and the Federal Ministry of Justice of the Federal Republic of Germany (Bundesrechenzentrum GmbH) shall be responsible for the creation of economic scatterers, for civil engineers from the relevant Chamber of Architects and Engineers and for other applicants from the Federal Minister for Justice. , Existing written codes may be used further if they include the information provided in paragraph 1.

(3) Changes in data stored in a written code shall be communicated immediately by the participant in accordance with paragraph 2 and shall be passed on immediately.

(4) Electronic inputs shall contain the respective address code of the provider; in the case of electronic charges, the address code shall be used for the designation of the recipient.

Expression of inputs

§ 8. (1) An electronically introduced input shall, if necessary, be an expression. This term must be used for further completion, in particular for abbreviated original documents.

(2) This expression does not have to contain the fixed parts of the text provided for in the forms of the ADV-Form Regulation; § 3 (1) of the ADV-Form Regulation is to be applied in accordance with the applicable law.

Special provisions for electronic entries according to § § 277 to 281 HGB

§ 9. (1) In the data set of an electronically transmitted document according to § § 277 to 281 of the German Commercial Code (HGB), the provider has to give the surname and at least one written first name of those persons who undertook the annual financial statements in the original. In addition, either the date of birth or the person identification (letter identification according to the company's statement) of the person concerned must be carried out. If the submitted annual financial statements have been audited by a statutory auditor, the text of the auditor's note and the surname and at least one written first name of the auditor, if applicable the company, shall be included in the data set. shall be used.

(2) If electronically submitted documents are returned for improvement in accordance with § § 277 to 281 of the German Commercial Code (HGB), they may, by way of derogation from § 1 (2), be reintroduced electronically in an improved form. The improved documentation must be resubmitted in full.

Special provisions for the introduction of supplements in the land register and company book procedures

§ 10. Contributions in the basic book and company book procedures can be submitted electronically in the form that in the outside of the electronic legal system input to the storage location together with the access key of the archive according to the type. XIII § 18 BRÄG 2006, BGBl. I n ° 164/2005, in order to allow the court to collect the supplements from that archive. In addition, this input shall specify the supplement characteristics (type of document, date of establishment and any comments on the supplement). § 3 (2) shall not apply.

In-force pedals

§ 11. (1) This Regulation shall enter into force with the 1. Jänner 2006 in force. The Ordinance of the Federal Minister for Justice on Electronic Legal Transport (ERV 1995), BGBl. No 559/1995, will be repealed with the expiry of 31 December 2005.

(2) § 5 of the Ordinance of the Federal Minister of Justice of 4 December 1989 concerning the debiting and confiscation of the court fees (accounting and recovery ordinance-AEV), BGBl. No 599/1989, it is amended to the effect that the expression in the first sentence " (§ 7 ERV 1995, BGBl. No. 559/1995) ',' (§ 7 ERV 2005, BGBl.) '. II No 481/2005) ". This change occurs with the 1. Jänner 2006 in force.

(3) § 1 of the ordinance of the Federal Minister of Justice of 23 December 2002 on formal requirements in judicial proceedings carried out with the aid of automation-assisted data processing, as well as the creation of erasures in a shortened form (ADV-Form Regulation 2002-AFV 2002), BGBl. II No 510/2002, it is amended to the effect that the parenthesic expression in paragraph 3 " (§ 7 ERV 1995, BGBl. No. 559/1995) ',' (§ 7 ERV 2005, BGBl.) '. II No 481/2005) ". This change occurs with the 1. Jänner 2006 in force.

(4) § 5 of the Ordination of the Federal Minister of Justice of 20 September 1996 on the electronic insight into the business administration of the executive proceedings, BGBl. No 498/1996, is amended to the effect that the expression '(§ 7 ERV 1995)' has to be read: ' (§ 7 ERV 2005, BGBl. II No 481/2005) ". This change occurs with the 1. Jänner 2006 in force.

Gastinger