Civil & Litigation Law

The general limitation period under § 1478 ABGB is 30 years; the short period for damages is three years from knowledge of the damage and the person responsible (§ 1489 ABGB), with an absolute limit of 30 years. For warranty claims, the period is two years for movable and three years for immovable property. Because numerous special periods exist – for example in tenancy, employment or insurance law – the applicable period should be checked in the individual case before it expires.

For an amount in dispute of up to EUR 15,000 the district court decides; above that, the Regional Court of Salzburg. As a rule, local jurisdiction is determined by the domicile or seat of the defendant; jurisdiction agreements and special venues may differ. Commercial matters and employment law matters have their own rules on jurisdiction. We check this before filing the action – a claim brought before the wrong court costs time and money.

Costs consist of court fees, legal fees and any expert fees, and are largely determined by the amount in dispute. The guiding principle is cost-shifting: the losing party generally also bears the other side's costs. That is why every case should begin with a sober assessment of the prospects of success and the cost risk – we give you that before an action is filed.

Before the district court, representation by a lawyer is required from an amount in dispute of EUR 5,000; before the regional court it is mandatory throughout. Independently of this, representation is advisable in any event, because missed deadlines, insufficiently reasoned applications or a late offer of evidence can lose a case even where the claim was well founded on the merits.

Often yes. A settlement ends the proceedings immediately, is immediately enforceable, avoids appeals and makes costs predictable. It is worthwhile above all where the evidence is uncertain or a business relationship is to continue. We review at every stage of proceedings whether a settlement produces the better outcome – and negotiate it so that it also holds.

According to court statistics, contested civil proceedings before the district courts end on average within roughly three quarters of a year; before the regional courts they take considerably longer – expert opinions are the most common time factor. An uncontested order-for-payment procedure, by contrast, often produces an enforceable title within a few weeks, and a settlement ends the proceedings immediately at any stage. The realistic duration belongs in every decision on whether to litigate – we estimate it at the outset and explain what it depends on.

In litigation funding, a third party bears the costs of proceedings and, if successful, receives an agreed share of the proceeds; if the claim fails, the funder bears the cost risk. This comes into consideration above all for higher amounts in dispute with robust evidence. Points to review are the share, the funder's termination rights, its say in settlements, and the question of who actually controls the proceedings. It always remains a priority to clarify first whether legal expenses insurance provides cover.