Litigation 2025

AUSTRIA Law and Practice Contributed by: Bettina Knoetzl, Katrin Hanschitz, Dr Kirstin McGoldrick and Natascha Tunkel, KNOETZL HAUGENEDER NETAL GmbH

Content of the Claim Moreover, the statement of claim must clearly

the jurisdiction 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 com- petent 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 jurisdiction if the defendant has its seat in Aus- tria. In addition, there are numerous other factors that are considered 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 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 the filing of a state- ment 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 dis- pute, 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). located in Austria. Jurisdiction Clause

identify the following: • the competent court; • the parties to the dispute;

• their occupations, addresses, roles in the proceedings, and representatives (if any); • the subject matter of the dispute; and • the exhibits attached (including whether the exhibits are submitted in their original form or as copies). 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 amendment affecting either the relief request- ed or introducing 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 addi- tional submissions substantiating the claim, are not considered amendments, and are thus admissible, unless they could have been submit- ted earlier and their late introduction will signifi- cantly delay the proceedings. The final cut-off date for any new facts, evidence or pleading is at the end of the oral hearing. In appellate pro- ceedings, no new facts or evidence may be pre- sented.

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