How can I appeal to the Supreme Court?

Appeal and Appeal Actions

General

With the help of legal remedies, unsuccessful parties can take action against decisions (e.g. judgment, order) of the courts.

Appeals in civil proceedings are always decided by the higher instance:

  • The respective regional court as the court of second instance decides on appeals against decisions of the district courts.
  • The higher regional courts decide on appeals against decisions of the regional courts as courts of first instance.
  • If an appeal against decisions by the appellate courts is admissible, the Supreme Court (OGH) decides.
  • If the appeal to a higher instance is permissible against an appeal decision, the Supreme Court decides on it - as the last / highest instance.

Note

Further information on the "instance trains" can also be found at oesterreich.gv.at.

The following types of remedies are available decisions that have not yet become final possible:

  • vocation
  • Revision
  • Appeal
  • Revision appeal

Danger

The appeal procedure is limited to the review of the facts and the submissions of the parties until the end of the first-instance hearing. It is therefore true Renewal prohibition, i.e. neither a new claim nor other objections may be raised. No new evidence may be offered either.

The Code of Civil Procedure also recognizes two legal remedies against final decisions:

  • Action for annulment
  • Readmission suit

vocation

The appeal is against a judgment of the first instance. she must within four weeks after delivery of a written Judgment. Was a judgment in the presence of both partiesorally Announced, the appeal against the judgment must immediately orally or in writing within 14 days be registered from the delivery of the negotiation protocol. The appeal is brought to the court of first instance. If the appeal is made in good time, the appeal will be served on the opponent.

The appeal must be drawn up by a lawyer.

Note

The appellate court decides on the matter itself. It can also refer back to the court of first instance.

Revision

The appeal that is lodged against a judgment of the second instance is called a revision. The revision must be drafted by a lawyer.

In the case of legal questions of considerable importance, revisions are permitted in the following cases:

  • If the amount in dispute is less than 5,000 euros: only for certain family and tenancy law disputes as well as in labor and social law matters
  • For amounts in dispute between EUR 5,000 and EUR 30,000: if the court of appeal declares the appeal to be admissible due to the existence of a legal question of considerable importance
  • For a value in dispute of 30,000 euros or more: always

The revision must within four weeks be brought before the court of first instance. The decision whether the appeal is successful or not is made by the Supreme Court.

Note

The Supreme Court (OGH) can refuse the treatment if a legal question of considerable importance does not arise.

Appeal

The appeal is directed against decisions - i.e. against the decisions of the court that are not passed as a judgment.

The Appeal period is usually 14 days (Exception: property disruption proceedings). The appeal must be filed with the court whose decision is being contested. Appeal court is the higher court in terms of the instance. This usually decides for itself.

Revision appeal

The revision appeal can be raised against the decisions of the appeals court. The Supreme Court (OGH) is responsible for deciding on a revision appeal. Revision appeals must be drawn up by a lawyer.

However, the appeal on appeal is only admissible in the case of legal questions of considerable importance; this may be the case, for example, if the appeal court deviates from the case law of the Supreme Court, or if such case law is missing or inconsistent.

The Deadline for the collection of the revision appeal is usually 14 days.

Action for annulment

A legally concluded procedure can be challenged in exceptional cases by an action for annulment if serious procedural errors be suspected. This can be the case, though

  • a participating judge should have been excluded by law (e.g. no impartiality) or
  • a party was not legally represented.

This legal action is only available to parties who could not have asserted the reasons in an appeal.

Readmission suit

A legally concluded procedure can be resumed if the decision is one judicially punishable act (e.g. a false testimony, falsification of documents).

Even if the decision is based on a criminal court judgment that has been overturned, an action can be taken for resumption.

Related Links

Directory of Lawyers (→ ÖRAK)

For all personal designations, the chosen form applies to both genders and thus corresponds exactly to the legal terminology of the civil procedure code in this text (Art. 5 ZPO).

Last updated: March 2, 2021

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