Your clear path to lawyers in Austria

Austria at a glance

How legal services work in Austria

Austria follows the continental civil-law tradition, with codified rules in the General Civil Code (ABGB), the Civil Procedure Code (ZPO) and the Commercial Code. The ordinary courts are organised in four tiers, and the Rechtsanwalt title is protected and requires Bar membership.

Civil-law system and court hierarchy

Austria uses a codified civil-law framework anchored in the ABGB of 1811. Ordinary justice is delivered through district courts, regional courts, four higher regional courts and the Supreme Court in Vienna. Commercial, labour and administrative disputes are handled by specialised courts, so your case will normally start in a specific venue depending on subject matter and value.

Who may practise as a lawyer

Only persons entered in the list of lawyers of a regional Bar association may call themselves Rechtsanwalt. Entry requires Austrian or EU/EEA/Swiss citizenship, a four-year Austrian law degree, five years of practical training, the bar examination, 42 half-days of mandatory training, and professional liability insurance. Bar membership is compulsory for all Austrian lawyers.

When a lawyer is compulsory

In civil proceedings, absolute Anwaltspflicht applies before regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000. Below that amount parties may appear in person. A Rechtsanwalt may appear before all courts and authorities in Austria, including specialised commercial and labour courts.

Court fees and lawyers’ fees

Court fees are calculated as a staggered percentage of the value in dispute and are generally payable when the claim is filed. The losing party usually bears the court fees and must reimburse the winning party’s costs. Lawyers’ fees are governed by the Lawyers’ Tariff Act and the General Fee Criteria, but an individual fee agreement may be made in writing.

Legal aid and access to justice

If you cannot meet the costs without impairing your necessary maintenance, you may apply for legal aid (Verfahrenshilfe). It can cover exemption from court fees and, where representation is compulsory, the free provision of a lawyer. Legal aid must be repaid if your financial situation improves within three years after the proceedings end.

Key private-law particularities

Austria’s default matrimonial property regime is separation of property, meaning each spouse keeps assets they owned before and during the marriage. Forced heirship protects descendants and the surviving spouse with a compulsory portion of half their statutory share. Real-property ownership is acquired only by entry in the Land Register, not merely by signing the contract.

Key time limits in Austria

The information on this page is drawn from official Austrian and EU sources, including e-Justice, RIS (Rechtsinformationssystem), the Austrian Federal Ministry of Justice, ÖRAK, oesterreich.gv.at and the Federal Ministry of Finance, as of 2025.

• European e-Justice Portal – Legal systems in Austria
• RIS – Rechtsanwaltsordnung (RAO)
• RIS – Civil Procedure Code (ZPO), Section 27
• RIS – ABGB, Section 1478 (general limitation period)
• RIS – ABGB, Section 1489 (tort limitation)
• RIS – ABGB, Section 1480 (recurring payments)
• RIS – ABGB, Section 1486 (trade receivables)
• RIS – Angestelltengesetz, Section 105 (dismissal challenge)
• RIS – Ehegesetz, Section 55a (consensual divorce)
• RIS – Ehegesetz, Section 57 (fault-based divorce)
• Austrian Ministry of Justice – Legal aid (Verfahrenshilfe)
• ÖRAK – Structures, data, facts
• oesterreich.gv.at – Court organisation
• oesterreich.gv.at – Matrimonial property regime
• Federal Ministry of Justice – Pflichtteilsrecht
• BMF – Inheritance and gift tax abolition
• oesterreich.gv.at – Land register and property transfer