AUSTRIA Law and Practice Contributed by: Bettina Knoetzl, Katrin Hanschitz, Kirstin McGoldrick and Natascha Tunkel, KNOETZL
tects, lawyers, medical doctors), alternative dispute resolution (ADR) mechanisms are contemplated as a prerequisite to filing a lawsuit. If the plaintiff does not comply with applicable prerequisites, the claim may be rejected. 3.2 Statutes of Limitations Limitation Periods Statutes of limitations applied to civil suits are fixed by substantive law. The limitations periods generally commence when a right could have been first exer- cised and, generally, are 30 years. However, due to numerous specified exceptions, most claims, includ- ing for damages, are subject to a shorter limitations period of three years. In the case of damage claims, the three-year period starts with the injured party’s knowledge of the damage and of the identity of the party causing the damage. For contractual claims, the statute of limitations generally begins when the claim is due. Specific Rules There are numerous shorter or longer limitations peri- ods. For example, a negligence claim against a man- aging board member may only be brought within five years. Interruption and Suspension There are different reasons for interruption and sus- pension of the limitations period. An acknowledge- ment, for example, interrupts the running of a limita- tions period, and settlement negotiations suspend the expiry; the claim must be filed within a reasonable period after the negotiations giving rise to such tolling have failed. Procedural Aspects The fact that a claim is time-barred is an affirmative defence that must be raised by the defendant. It will not be imposed by the court sua sponte. 3.3 Jurisdictional Requirements for a Defendant Relevant Rules In domestic cases, the jurisdiction of Austrian courts is determined by the Law on Jurisdiction ( Jurisdik- tionsnorm ). In most international cases, the jurisdic-
tion of Austrian courts is guided by Regulation (EC) 1215/2012 (the recast Brussels Regulation). These provisions establish jurisdiction of all types of courts. Whether a specific court is competent to hear a case may also depend on other factors, such as the nature of the dispute (eg, to establish the competence of the commercial courts to hear a case). Jurisdiction at the Seat of the Defendant The general rule is that Austrian courts will have juris- diction if the defendant has its seat in Austria. In addi- tion, there are numerous other factors that are con- sidered to establish the jurisdiction of Austrian courts, including: • whether Austria is the place of performance of a contract; • the place where the damage occurred; and • when the dispute relates to real estate located in Austria. Jurisdiction Clause The jurisdiction of Austrian courts can also be agreed by means of a forum selection clause. 3.4 Initial Complaint Filing the Claim Proceedings commence with filing a statement of claim. Unless the amount in dispute is below EUR5,000, or concerns matters (such as family and real estate) that are allocated to the District Courts irrespective of the amount in dispute, the statement of claim must be signed and filed by a lawyer licensed to practice in Austria through the official electronic filing system (Web ERV). Content of the Claim Moreover, the statement of claim must clearly identify the following: • the competent court; • the parties to the dispute; • their occupations, addresses, roles in the proceed- ings, and representatives (if any); • the subject matter of the dispute; and • the exhibits attached (including whether the exhib- its are submitted in their original form or as copies).
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