AUSTRIA Law and Practice Contributed by: Markus Fellner, Florian Kranebitter, Elisabeth Fischer-Schwarz and Florian Henöckl, Fellner Wratzfeld & Partners
8.2 Claims to Set Aside or Annul a Transaction or a Transfer
The look-back period varies from provision to provi - sion, ranging from a maximum of ten years for intent to discriminate to 60 days prior to the commencement of insolvency proceedings for preferential treatment of creditors. Certain periods are shortened where the third party knew or should have known (ie, negligently did not know) the respective facts.
Voidance claims can be asserted by the insolvency administrator on behalf of the estate only (independ - ent of the type of insolvency proceedings) within a time period of one year from the opening of insol - vency proceedings. Furthermore, the administrator may raise the plea of voidance without any time limit.
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