Lawyer Monthly - March 2022

defendant has submitted his or her answer. In most cases, two to three months elapse between the filing of the complaint and the first hearing. The purpose of the first hearing is to determine the course of the proceedings and to hold settlement discussions. After that, additional hearings are held. At these hearings, the parties and requested witnesses are heard and evidence is taken. The duration of this phase depends on the scope of the legal dispute and can last from about six months to a year, or even several years in complex cases if, for example, expert opinions have to be obtained. After the conclusion of the oral proceedings, it usually takes two to six months until the written judgment is issued. The losing party then has four weeks to appeal, and the winning party has four weeks to respond to the appeal. If legal issues of fundamental importance are to be assessed, an appeal may be filed with the Supreme Court, which then decides as the third and final court. The costs consist of court fees and attorney’s fees. Court fees are based on the amount in dispute. As an example, in the case of high amounts in dispute, fees amounting to approximately 1.2% plus €4,203 of the amount in dispute can be expected in the first instance. For the 65 MAR 2022 | WWW.LAWYER-MONTHLY.COM THOUGHT LEADER - MICHAEL IBESICH Contact Michael Ibesich, Attorney-at-Law, IBESICH Josefstädter Straße 11, 1st Floor, No. 16, A-1080 Vienna Tel: +43 1 505 37 05-0 | Fax: +43 1 505 37 05-10 | E: Michael Ibesich has been working as an independent lawyer in Vienna since 2020. He graduated in law from the University of Vienna with a stay abroad in London. After completing his court practice, he worked for several renowned Viennese law firms. Michael Ibesich represents clients in all phases of civil, administrative, and criminal proceedings. IBESICH IBESICH is a full-service law firm located in Vienna, Austria that serves private individuals, companies, and organisations, with a strong focus on dispute resolution and white-collar crime. time being, each party has to bear its own attorney’s fees, the amount of which it agrees with its attorney. In most cases, either the Lawyers’ Fees Act is used as a guideline or an hourly rate or a lump sum is agreed upon. The court decides who has to bear the costs or in what proportion the costs are divided between the parties. As a rule, the losing party in civil proceedings must reimburse the opponent for the legal fees incurred in accordance with the Lawyers’ Fees Act. Is there a class action option in Austria? The Austrian Code of Civil Procedure (Zivilprozessordnung, ZPO) does not provide for class actions. However, the Supreme Court has ruled that a so-called “Austrian-style class action” should be possible. Accordingly, a joint assertion of several claims by different claimants by way of assignment by a plaintiff is possible if there is essentially the same cause of action. What alternatives to litigation exist? Is arbitration possible? When considering alternatives to litigation, arbitration might be an option. The Austrian Code of Civil Procedure (Zivilprozessordnung, ZPO) contains provisions for arbitration. The rules

RkJQdWJsaXNoZXIy Mjk3Mzkz