Austria - Central Authority & practical information
Central Authority(ies):
Federal Ministry of Justice (Bundesministerium für Justiz)
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Contact details: |
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| Address: | Federal Ministry of Justice (Bundesministerium für Justiz) Section I - Civil Law Division 10 - International Personal and Family Law Museumstraße 7 1070 Vienna Austria |
| Telephone: | +43 1 52 1 52 - 0 |
| Fax: | + 43 1 52 1 52 - 2829 |
| E-mail: | team.z@bmj.gv.at |
| General website: | www.justiz.gv.at |
| Contact person: | |
| Languages spoken by staff: | German, English |
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Practical Information: |
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| Forwarding authorities (Art. 3(1)): |
Outgoing requests for judicial assistance are done by the district courts |
| Methods of service (Art. 5(1)(2)): |
The courts are empowered to execute requests for service directly by postal channels if the conditions for service in accordance with Article 5(1)(a) have been fulfilled, or in the manner requested by the requesting authority (Art 5(1)(b). Except in the case of a special form of service requested by the requesting authority, service by voluntary acceptance by the addressee is possible Art. 5(2). relevant law: Service of Documents Act date of the version: 1 August 2019 (Zustellgesetz, BGBl. Nr. 200/1982) |
| Translation requirements (Art. 5(3)): |
Austria declares that its Central Authority will arrange for formal service only if the document to be served is written in German or accompanied by a translation into German. |
| Costs relating to execution of the request for service (Art. 12): |
No reservation. |
| Time for execution of request: | As swift as possible, depending on the specific case |
| Judicial officers, officials or other competent persons (Art. 10(b) | Reservation. |
| Oppositions and declarations (Art. 21(2)): |
Click here to read all the declarations and reservations made by Austria under this Convention. |
| Art. 8(2): | Austria objects to service of documents by the diplomatic or consular agents of other Contracting States in its territory as provided for in Art. 8 (1) unless the document is to be served on a national of the State of origin. |
| Art. 10(a): | Opposition |
| Art. 10(b): | Opposition |
| Art. 10(c): | Opposition |
| Art. 15(2): | Austria declares, in accordance with Art.15 (2), that its judges may under the conditions specified in that provision, decide the case even if a certificate of service or delivery of the document has not been received. |
| Art. 16(3): | Austria declares, in accordance with Art.16 (3), that an application for restitutio in integrum is inadmissible after the expiration of one year from the date of delivery of the judgment. |
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Derogatory channels (bilateral or multilateral agreements or internal law permitting other transmission channels) Disclaimer: |
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| Useful links: | RIS - Übereinkommen über die Zustellung gerichtlicher und außergerichtlicher Schriftstücke im Ausland in Zivil- oder Handelssachen vom 15. November 1965 - Bundesrecht konsolidiert, Fassung vom 04.01.2021 (bka.gv.at) |
| Competent authorities (Arts 6, 9) | The certificate of service under Art. 6 is issued by the district courts. The Federal Ministry of Justice as the central authority shall be responsible for receiving requests for service transmitted by a foreign consular representative within the Republic of Austria pursuant to Art. 9. |
| Other authorities (Art. 18) | |
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