Litigating in Austria – Are Costs and Fees Worth It?

Abstract

This article presents the system of cost and fee allocation in Austrian civil procedure. Austria belongs to the majority of countries which adhere to the system of “major shifting”, i.e., which, in principle, make the loser pay for court costs, attorney fees and the expenses of taking evidence. Besides addressing the basic allocation rules, this chapter explains the calculation and determination of costs and fees under the Court Fees Act and the Attorney’s Tariff Act. It also outlines the rules governing representation by attorneys and discusses the extent to which success-oriented fees and the sale of claims are allowed. Finally, it addresses the important instruments of litigation insurance and legal aid.