LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
1. General 1.1 General Characteristics of the Legal System As a civil law jurisdiction, Liechtenstein has codi- fied its laws in acts and ordinances. The laws of Liechtenstein derive to a large extent from the laws of its two neighbouring countries, Austria and Switzerland. This particularly holds true for the Liechtenstein Civil Procedure Code ( Zivil- prozessordnung ) and the Liechtenstein Act on Jurisdiction ( Jurisdiktionsnorm ), which are large- ly based on their Austrian equivalents. The Liechtenstein civil procedure is best described as an adversarial process with dis- tinct inquisitorial elements. In principle, while the parties determine the subject matter of a lawsuit by submitting their applications and fac- tual pleadings, and the court is bound by these pleadings (for example, it will not award more than requested), the judge controls the litigation process, determined on the evidence to be pre- sented, and leads the evidence-taking process. The Liechtenstein civil procedure is based on the principles of immediacy and orality. At the first instance, at least one oral hearing is mandatory, and parties should make their pleadings by way of oral submissions. Nevertheless, in practice, written submissions do play a crucial role. 1.2 Court System Liechtenstein does not have separate judicial districts. The Princely Courts in Vaduz have jurisdiction over the whole country. The Princely Courts consist of three instances: • the District Court ( Landgericht ); • the Court of Appeal ( Obergericht ); and • the Supreme Court ( Oberster Gerichtshof ).
Further, the final decisions of these ordinary courts can be challenged before the Consti- tutional Court ( Staatsgerichtshof ) on the basis that they violate constitutional rights. Addition- ally, Liechtenstein is a signatory to the European Convention of Human Rights, so an appeal to the European Court of Human Rights is possible if the required conditions are met. The first instance of all civil proceedings is heard by a single judge. The District Court currently consists of 17 judges. The Court of Appeal is divided into three chambers, each of which sits in compositions of three judges. The Supreme Court consists of two chambers, consisting of five judges. Generally, single judges of the Dis- trict Court, as well as the different chambers of the Court of Appeal and the Supreme Court, are assigned different subject matters (such as ordi- nary civil claims, injunctive relief, divorce pro- ceedings, family disputes, criminal cases). It can take up to three months from the com- mencement of proceedings to the first hearing, but this timeframe can vary depending on the specifics of the case (eg, service on the defend- ant outside the jurisdiction). In the event of formal objections and applications for security of costs and fees, which have to be raised at the first hearing at the very latest, and before arguing the case on the merits, a considerable period may elapse before the case is heard on the merits. 1.3 Court Filings and Proceedings As a rule, court files are not open to the public and case files may only be accessed by the par- ties to the respective lawsuit. Third parties may be granted access if all parties to the respec- tive lawsuit agree or, in the absence of such an approval, if the third party shows a prima facie, legal interest (eg, the information gained from
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