Austria
Civil proceedings are generally initiated by a statement of claim (Klage) which must be filed with the competent court via an electronic filing system (WebERV). In certain circumstances, claimants must be represented by an attorney. Such circumstances are:
- first instance proceedings at the Regional Court level;
- district court proceedings involving an amount in dispute exceeding EUR5,000; and
- appeal proceedings.
After the statement of claim is filed, the court will decide whether it has jurisdiction to hear the case. If the court considers the claim admissible, it will serve the statement of claim on the defendant and order it to file a written statement of defense within four weeks. The written statement of defense defines the scope of the subject matter and the specific issues in dispute. A written statement of defense is, however, not required in proceedings of first instance before a District Court.
Once the exchange of pleadings is complete, the court usually summons the parties to a preliminary hearing (Vorbereitende Tagsatzung) within the next few weeks or months. In this preliminary oral hearing, the parties discuss the facts of the case and try to reach a settlement. The court may issue a judgment and close the proceedings after the preliminary hearing. However, usually, there are subsequent evidential hearings, the number of which depends on the scope and complexity of the case. The dates of such hearings are usually agreed between the parties and the judge at the preliminary hearing.
The claimant is allowed to withdraw its claim without a waiver of claims before the defendant submits its statement of defense. Once the statement of defense has been filed, the claim may only be withdrawn with the consent of the defendant(s). However, if the claimant is willing to waive its claims, it may seek to discontinue the proceedings at any time before the trial or oral hearings are closed. The main consequence of such a discontinuance would be that the claimant must pay all costs already incurred in the proceedings.
Monetary claims not exceeding EUR75,000 must be pursued in the form of a so-called default action (Mahnverfahren). If the claim meets the necessary conditions to be classed as a default action, the court will issue a conditional order for payment (Zahlungsbefehl) without hearing the defendant’s case. The defendant then has the right to submit an objection within four weeks, otherwise the conditional order for payment will become legally binding. Providing the objection is raised within the specified timeframe, the payment order will become invalid and ordinary civil proceedings will be initiated.
Timeframes for each stage of proceedings vary considerably depending on the complexity of the case as well as the court and the parties' availability. The court will exercise its case management powers to determine the procedure and timetable for the proceedings. The average duration of civil proceedings is around nine months in the District Courts and 17 months in the Regional Courts.
The parties can, at any stage, agree to suspend (or stay) the proceedings. In this situation, they must jointly notify the court. The reasons for an agreed suspension can vary. For instance, parties may choose to stay proceedings to facilitate settlement negotiations or because a settlement has been reached. Save in the event of an agreed settlement, the proceedings can be resumed (i.e. the stay lifted) upon the request of either party after a minimum three month period. It is also possible for the parties to agree on a permanent suspension. This is regarded by the courts as a material waiver by the parties, which means that the proceedings cannot be resumed.