🇦🇹 Austria

1. The status of digitalisation in enforcement of the judgments under the regulation in

question (a) under EOP Regulation, and (b) under EEO Regulation

The use of technology has been influencing the processes of the Austrian justice system for over 40 years. JustizOnline - the online service platform of the Austrian justice system (https://www.justiz.gv.at/home/service/digitale-justiz/justizonline.9b8.de.html) enables electronic contact with the judiciary. It can be used with ID Austria. Citizens of other EU Member states can also register with the electronic identity (eID) of their EU country of origin 6 . The online platform offers several services including online submission of the application for execution and online access to the file. This service is free of charge. The platform offers also a chatbot 'Justitia' which answers simple legal questions and can forward users of the platform to further information. Movable property seized during executions can be offered in online auctions on the judicial auction platform: justiz-auktion.at. Pursuant to § 427ff EO ("Electronic Query of Data";) execution data is offered as an online query for a fee (10,70 EUR) and allows a restricted group of users to retrieve it. This function is intended to assist in deciding whether the initiation of litigation or execution proceedings makes economic sense. Lawyers and notaries as creditors' representatives are entitled to make queries. The execution data query shows all execution proceedings pending for more than one month. Specifically, the following information is displayed: - Execution court, file number, amount of the claims pursued, incl. reference to a suspension and the type of means of execution. - In the case of execution against a vehicle: seizures and unsuccessful attempts at execution. - Whether a list of assets has been submitted within the last year.

Procedural aspects

2. Competent court or authority and procedure involved in the enforcement (a) under EOP

Regulation, and (b) under EEO Regulation

In Austria, civil enforcement (Exekution) is governed by the Enforcement Code (Exekutionsordnung, EO). Since January 2017, the enforcement of foreign titles is regulated in the third part of the EO (§§ 403-424). The EO applies equally to domestic judgments, European Orders for Payment (EOP), and judgments certified as European Enforcement Orders (EEO), which are directly enforceable in Austria without any declaration of enforceability. Enforcement proceedings begin with an authorisation phase (Bewilligungsverfahren), initiated by the creditor through an application for execution (Exekutionsantrag) submitted to the competent District Court (Bezirksgericht), which always has subject-matter jurisdiction regardless of the claim value. Territorial jurisdiction lies with the court of the debtor's domicile or registered office, the court where the land register is kept for real estate enforcement, or-if the debtor has no domicile in Austria-the court where movable assets are located. The creditor must generally submit the enforceable title together with proof of enforceability (Form G for EOP or an EEO certificate). European Payment Orders are treated as domestic titles and can be enforced directly. A simplified authorisation procedure applies to pecuniary claims up to EUR 50,000 enforced only against movable property, in which case the title and certificate need not be submitted unless requested by the court. In the enforcement application, the creditor chooses the enforcement measures. Multiple measures may be combined, including execution against specific assets. Since July 2021, creditors may also apply for predefined enforcement packages. If no specific measure is selected, a default "small package" applies, covering movable property, salary execution, and the taking of an asset list. Once enforcement is authorised, enforcement acts are carried out ex officio by the enforcement organs of the execution court. Judges conduct real estate enforcement, while court officials handle enforcement against movables and receivables. Legal representation is not mandatory, though professional advice is recommended. Enforcement continues until it is successfully completed or formally discontinued. Applications for enforcement may be submitted electronically, but access requires an electronic identity (ID Austria or a recognised EU eID). Foreign nationals may obtain ID Austria if they have a sufficient connection to Austria, such as employment or business activity.

3. rules on service

In principle, service is effected by a service agent, i.e. the post office or another service provider or by court employees (§ 88 ZPO). There is a special system for electronic service by the courts, the Electronic Legal Communication (ERV) . An obligation to participate in this system exists only for some professions like lawyers. Private persons may participate in this system, but there is no obligation for them to do so.

4. Language of the certificate and documents to be appended

The application for execution can be submitted in addition to the official language (German), also in Hungarian before the district courts (Bezirksgerichten) of Oberpullendorf and Oberwart, in Slovenian before the district courts of Ferlach, Eisenkappel and Bleiburg, and in Croatian before the district courts of Eisenstadt, Güssing, Mattersburg, Neusiedl am See, Oberpullendorf and Oberwart.

5. Enforcement fees

The exact costs depend on various factors, such as the amount of the claim and the duration of the proceedings. In execution proceedings, execution fees are due in addition to the court fees for the authorisation proceedings. Court fees are regulated in Court Fee Law (Gerichtsgebührengesetz, GGG -TP 4) and depends on the value of the subject matter of the dispute. TP 4 (1) lit. a GGG provides for a uniform court fee for all execution proceedings. The execution fees depend on the type of execution and are regulated in § 455 EO.Thus, costs of enforcing a foreign title in Austria can be high. It is therefore advisable to find out in advance about the costs involved. The fist assesement can be done with the help of the online court fee calculator: https://justizonline.gv.at/jop/web/gerichtsgebuehrenrechner/Klage%20&%20Exekution/Exekut ion

6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question in

the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

There are no specific provisions implementing Art. 22 and 23 of the EOP Regulation. The application in the cases provided for in Article 22 of the EPO Regulation and Article 21 of the EEO Regulation should be filed by the debtor with the enforcement court which had jurisdiction in the authorisation procedure. In addition to the regulation provisions, general provisions on discontinuation, limitation or stay (§§ 39 ff EO "Einstellung, Einschränkung und Aufschiebung der Exekution) apply.

7. Availability of any legal aid for guidance on the enforcement procedures under the

regulation in question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation If there are any questions regarding the completion of the form, one can obtain legal information free of charge at the district court responsible for granting the execution or at the district court in whose district the person is staying (Judicial Service Centres). Parties who are not represented by a lawyer may submit their applications for execution orally on the record. Party seeking enforcement can also apply for legal aid. The court decides on the granting of legal aid by means of an order. An appeal may be lodged against this order even without representation by a lawyer. The extent of legal aid depends on the income or assets of the applicant and is always determined individually.

8. Critical assessment of the enforcement procedures under the regulation in question in the

intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

The digitisation of enforcement procedures is relevant not only in the national context but also in the cross-border enforcement of civil judgments and other enforceable documents. The digitisation of enforcement procedures can make a significant contribution to the efficiency of enforcement procedures and enable the parties to these procedures to have easier and more effective access to the enforcement authority. The JustizOnline platform is an important step in this direction. The JustizOnline platform will be further developed in order to offer additional services. These will include, for example, the possibility to pay fees or to access records of hearings. The services offered allow for faster filing and processing of applications, reducing the administrative burden and speeding up the resolution of cases. In addition, the use of digital communication channels can facilitate communication between courts and parties.

However, the formalities to be completed remain an obstacle for consumers. It is not easy to find out which authority is responsible for enforcement and to fill in the application for enforcement without external help. The experience of the ECC Germany shows that unrepresented consumers can easily make mistakes that lead to the failure of the enforcement procedure.