International Litigation and Arbitration in Austria – An Overview

Court system

What is the structure of the civil court system?

In Austria, approximately 1,700 judges decide civil and criminal matters in first, second, and third instance courts. In civil proceedings, District Courts (Bezirksgerichte) and High Courts (Landesgerichte) act as first instance courts, depending on the value of the matter in dispute and the subject of the litigation. Generally speaking, if this value does not exceed €10,000, a District Court will have jurisdiction for the litigation. In addition, District Courts have exclusive jurisdiction to decide matters involving parentage, alimony and matrimonial issues or disputes arising from the lease of apartments, etc. In all other cases, the matter will have to be brought before a High Court. However, High Courts do not only act as first instance courts. They will also decide on appeals against a District Court's judgment. On the other hand, appeals against judgments of High Courts are decided by an Appellate Court