Fachgebiet
Litigation
Representation in civil litigation and administrative proceedings, in Vienna and throughout Austria.
As a law firm, HÖLLWARTH specialises in representing clients in civil proceedings and before administrative authorities – not only in and around Vienna, but throughout Austria. Whatever the type of proceedings (contentious or non-contentious), and whatever the court (district court, regional court, commercial court, higher regional court or the Supreme Court).
HÖLLWARTH also represents clients before all administrative authorities and administrative courts, such as
- the Landesverwaltungsgericht (Regional Administrative Court) of the province concerned
- the Verwaltungsgerichtshof (Supreme Administrative Court)
- the Verfassungsgerichtshof (Constitutional Court)
- the European Court of Justice
The firm represents you, among other things, in
- Pursuing or defending claims for damages (Schmerzengeld (damages for pain and suffering), loss of earnings, property damage, medical costs, increased need for care, etc.), whether after road accidents, sports accidents, leisure accidents or accidents at work;
- disputes between neighbours;
- actions for payment of a purchase price or for work done;
- actions to establish inheritance rights or to obtain a Pflichtteil (compulsory share of an estate);
- claims arising from medical malpractice, incorrect expert opinions or building defects.
What use is a claim if you do not know how to enforce it?
If your debtor does not meet their obligations, you need what is known as an enforceable title (a final judgment or a settlement) in order to recover your claim by way of enforcement proceedings. A civil action therefore begins with the statement of claim and ends with a judgment or a settlement. An order or judgment that goes against you can be challenged by an appeal (Rekurs, Berufung, Revision, etc). HÖLLWARTH helps you obtain your rights!
Häufige Fragen
Can I represent myself in court?
That depends on the amount in dispute. Before the Bezirksgericht (District Court) there is no obligation to be represented by a lawyer up to 5,000 euros; above that there is. Before the Landesgerichte (Regional Courts), representation by a lawyer is mandatory in civil proceedings without exception. Even where you may represent yourself, you carry the full procedural risk – missed deadlines and applications can rarely be put right later.
Can I get legal aid (Verfahrenshilfe)?
Yes. Anyone who cannot bear the costs of the proceedings without encroaching on the means they need to live on is granted Verfahrenshilfe – depending on need, it exempts you from court fees and includes the assignment of a lawyer. The condition is that pursuing the claim is not plainly futile or brought in bad faith. The application is made to the court hearing the case.
Who pays the costs of the proceedings in the end?
In civil proceedings costs follow the event: the losing party reimburses the successful party’s costs. Where a party succeeds only in part, the costs are divided in proportion or set off against each other. Only the fees provided for under the tariff are reimbursed, however – any fee agreement going beyond that remains with you. Factor that in before you decide to sue.
Is an out-of-court settlement better than litigation?
Very often, yes. A settlement saves time, costs and the risk of losing, and it allows solutions that a judgment cannot offer – payment by instalments, for example, or arrangements concerning the reputation of those involved. It only makes sense, though, once the legal position is clear. Anyone who settles too early is negotiating without knowing where they stand.
Is a court settlement binding?
Yes, entirely. A court settlement ends the proceedings and is an enforceable title – it can be enforced directly. It can be challenged only in narrow exceptional cases. The wording should therefore be examined closely before it is put on the record, in particular the question of which claims are settled along with it.
Can I appeal against the judgment?
Yes. Judgments at first instance can be challenged by Berufung (appeal); in civil proceedings the time limit is four weeks from service of the written judgment. As a rule, no new facts may be introduced in the appeal proceedings. What was not raised at first instance can usually not be made good later.
Can I appeal to the Supreme Court?
Only to a limited extent. A Revision (final appeal on points of law) requires a legal question of considerable importance and, below certain thresholds for the amount in dispute, is either inadmissible altogether or possible only if the appellate court allows it. The Oberster Gerichtshof reviews questions of law only – the assessment of evidence by the lower courts can no longer be attacked.
Can I challenge a judgment made in my absence?
Yes, but very quickly. A Versäumungsurteil can be challenged by Widerspruch (objection), a Zahlungsbefehl (order for payment) by Einspruch (opposition) – both within a few weeks of service. If the time limit is missed, the decision becomes final and enforceable. React to any post from the court at once, even if the claim appears unjustified.
Can I enforce outstanding claims through the courts?
Yes. For monetary claims up to 75,000 euros the route is the Mahnverfahren (summary procedure for orders for payment): the court issues an order for payment without a hearing. If the other side raises no opposition, that order becomes an enforceable title. Only opposition takes the matter into ordinary proceedings. The Mahnverfahren is therefore the quickest and cheapest way to start.
What if I win and the other side still does not pay?
Yes. Exekution (enforcement) can be levied on the basis of a final judgment, a settlement or an order for payment – against wages, accounts, movable property or real estate, for example. A title does not guarantee payment, however: if there is nothing to be had from the debtor, it remains worthless in economic terms. The debtor’s solvency should be checked before an action is brought.
Can I get an injunction quickly?
Yes, where swift action is needed. The einstweilige Verfügung (interim injunction) secures a claim provisionally – by an order to refrain from certain conduct or by barring disposal of an asset, for example – and is often granted within a few days. It requires a claim shown to be credible and a threat of harm. If the injunction proves unjustified, you are liable to the other side for the damage.
How long do court proceedings take?
That depends greatly on the taking of evidence and on how far the case goes through the instances. Straightforward proceedings decided on documentary evidence are often finished within a few months; as soon as experts have to be involved or appeals are lodged, one to several years are to be expected. It is precisely this time factor that speaks for a settlement in many cases.
Can I change lawyers during proceedings?
Yes, at any time and without giving reasons. The new representative notifies the court of the power of attorney, and the previous one lapses. The previous lawyer is entitled to a fee for the work already done and is obliged to hand over the file. A change immediately before a hearing should be avoided, because the new lawyer needs time to master the case.
Are court proceedings public?
As a matter of principle the hearing is public, and the decision is pronounced publicly. The public can be excluded, however, for instance to protect family or business life, or where there are interests in confidentiality that deserve protection. In family proceedings exclusion is the rule. It must be applied for and must be justified.