AUSTRIA Law and Practice Contributed by: Bettina Knoetzl, Katrin Hanschitz, Kirstin McGoldrick and Natascha Tunkel, KNOETZL
The statement of claim should state the principal facts on which the claim is based, and the relief sought. While it is not necessary for all evidence to be attached, the statement of claim should identify the evidence on which it relies. Amendment of the Claim The plaintiff may amend its claim at any time prior to service on the defendant. After service, an amend- ment affecting either the relief requested or introduc- ing a different legal basis for the claim must be agreed upon by the defendant or permitted by the court. The decisive factors are whether the amendment affects the jurisdiction of the court and whether proceedings could be significantly prolonged by the amendment. Additional Submissions to the Claim Presentation of new facts and evidence, or additional submissions substantiating the claim are not consid- ered amendments and are thus admissible, unless they could have been submitted earlier and their late introduction will significantly delay the proceedings. The final cut-off date for any new facts, evidence or pleading is at the end of the oral hearing. In appel- late proceedings, no new facts or evidence may be presented. 3.5 Rules of Service Service by Court The statement of claim is served on the defendant(s) by the court, together with an order to file an answer to the statement of claim within four weeks. The means of service must ensure proof of receipt. In most cases, the court will effect service by using registered mail. Service Abroad A party that is located outside of Austria can be served either in accordance with Regulation (EC) 2020/1784 on the service of judicial and extrajudicial documents in civil or commercial matters (within the European Union) or in accordance with bilateral or multilateral treaties containing provisions on the service of docu- ments (outside the European Union), such as the Hague Service Convention (HCCH 1965). Austrian law also provides supplementary rules, according to which service of documents is allowed by means of postal service in several states. Other-
wise, service is provided by diplomatic channels (ie, embassies or consulates). 3.6 Failure to Respond If the defendant has been served with the statement of claim but fails to respond or to attend the hearing, the plaintiff can request a default judgment. Various rem- edies are available to the defendant to reinstate pro- ceedings, but requests for these must be filed within 14 days after service of the default judgment on the defendant or – if the defendant was prevented from responding for reasons beyond its control – within 14 days after the impediment ceases to exist. 3.7 Representative or Collective Actions Austrian Legal Tradition Austrian law has not historically provided a vehicle for class actions, so precedent is relatively light. Tra- ditionally, class actions in the Anglo-American style have even been viewed as contrary to Austrian legal culture, based on individual action and individual par- ties who assert their own individual claims. That said, in July 2024, Austria implemented the EU Directive 2020/1828 on representative actions for the protection of the collective interests of consumers. Outside of the scope of this new regime, the previous ways to bring collective actions remain intact. Class Actions, Representative Actions and Sample Lawsuits Until July 2024, Austrian law only provided for repre- sentative sample lawsuits in which certain organisa- tions (eg, consumer protection organisations or the Chamber of Labour) were permitted to file a case on behalf of an individual and – irrespective of the amount in dispute – bring it before the Supreme Court. Such a claim was required to be assigned to the organisation and had to fall within its scope of responsibility (eg, consumer claim assigned to a consumer protection organisation). While the judgment only has legal effect regarding the specific case, the lower courts will gen- erally honour the decision of the Supreme Court as a practical precedent. The judgment does not affect the limitations periods of other claims. The same organisations may also file for injunctions against the use of unlawful general terms and con- ditions and against business practices that violate
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