Liquidation & Insolvency · Austria
Find liquidation lawyers in Austria for your winding-up case
Whether you are a creditor chasing unpaid invoices, a director facing questions about a company that can no longer pay, or a shareholder protecting your position, the lawyer you choose shapes the whole file. We match you with Austrian Rechtsanwälte whose practice covers liquidation and insolvency work.
- Free matching with Austrian Rechtsanwälte
- Insolvency, creditor claims and director liability
- German-language proceedings, English-speaking service
Free, no obligation, Austria-wide. This page explains the framework; advice on your own case comes from the lawyer you instruct.
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Overview
Liquidation and insolvency work in Austria
If a company can no longer pay its debts, or you are a creditor, director or shareholder facing a liquidation in Austria, the decisions taken in the first weeks shape everything that follows. Our matching service connects you with liquidation lawyers in Austria — Rechtsanwälte who appear before the specialised insolvency courts, handle files before the regional and higher regional courts where representation is mandatory, and work within Austrian civil-law procedure. You describe your situation once; we identify lawyers whose practice covers winding-up, creditor claims and director liability, and who work in German, the language of the Austrian courts. There is no charge for the introduction and no obligation to instruct the lawyer we suggest. You keep control of the strategy, the case and the fee agreement.
Austria in detail
The Austrian framework that shapes a liquidation case
Austria is a civil-law jurisdiction whose core private law is codified in the General Civil Code (ABGB) of 1811, alongside the Commercial Code (Unternehmensgesetzbuch) and the Civil Procedure Code (Zivilprozessordnung). Court decisions, especially those of the Supreme Court, guide how the law is applied uniformly, although Austria is not a common-law precedent system. These structural points determine where your file is heard, who may act for you and what it will cost.
Four tiers of ordinary courts
Austria has four tiers of ordinary courts: 113 district courts, 20 regional courts, four higher regional courts and the Supreme Court (Oberster Gerichtshof) in Vienna. Insolvency matters sit with specialised insolvency courts, while commercial courts operate in Vienna and Graz. Administrative disputes follow a separate path to the administrative courts and the Constitutional Court. Knowing which court handles your file shapes both timing and cost.
When a Rechtsanwalt must represent you
In civil litigation you must be represented by a lawyer (absolute Anwaltspflicht) before the regional courts and all higher courts, and before a district court where the value in dispute exceeds €5,000 (section 27 ZPO). Below that threshold, parties may appear in person. An Austrian Rechtsanwalt is entitled to appear before all courts and authorities in the country.
Who is allowed to practise as a Rechtsanwalt
Only lawyers entered on the list of a regional Bar association (Rechtsanwaltskammer) may practise as a Rechtsanwalt, so Bar membership is compulsory; the umbrella body is the Österreichischer Rechtsanwaltskammertag in Vienna. Qualification requires a four-year Austrian law degree (240 ECTS), five years of practical training, at least 42 half-days of mandatory training, the bar examination and professional liability insurance. The title is protected by law.
Time limits that decide whether a claim survives
General contractual claims can be pursued for 30 years, while tort damages, recurring payments such as rent and interest, and trade receivables for purchase price or work remuneration fall under three-year periods. An employee challenging a dismissal has only two weeks. A liquidator or creditor who waits may find that the right to recover has already expired.
Court fees, lawyers’ fees and legal aid
Court fees under the Gerichtsgebührengesetz are generally payable when a claim is filed and are calculated as a staggered percentage of the value in dispute; JustizOnline offers an official calculator. The losing party normally bears the court fees and reimburses the winner’s costs (sections 40 ff. ZPO). Lawyers bill under the RATG and AHK tariff or on freely agreed terms, including hourly and success fees.
Property and family rules that surface in a winding-up
Austrian law applies separation of property by default (section 1233 ABGB), so spouses keep their own assets and only jointly acquired property is shared — important in cross-border asset tracing. Ownership of land passes only on entry in the Grundbuch, with notarised or court-certified signatures on the declaration of conveyance. Inheritance and gift tax was abolished in 2008, but property transfers still trigger real-property transfer tax.
All country-specific statements on this page are drawn from official Austrian sources (RIS, the Federal Ministry of Justice, oesterreich.gv.at, ÖRAK and the BMF) and the European e-Justice Portal, last reviewed in 2025.
- European e-Justice Portal — National justice systems: Austria
- Österreichischer Rechtsanwaltskammertag (ÖRAK) — Structures and facts
- Rechtsanwaltsordnung (RAO), consolidated version — RIS
- Zivilprozessordnung, section 27 — mandatory lawyer representation
- Austrian Federal Ministry of Justice — Legal aid (Verfahrenshilfe)
- oesterreich.gv.at — Organisation of the courts
- ABGB — general limitation period (section 1478) and related provisions
- oesterreich.gv.at — Buying property and the Land Register
- oesterreich.gv.at — Marriage and matrimonial property
- Austrian Federal Ministry of Justice (BMJ) — Compulsory portion (Pflichtteil)
- BMF Findok — Abolition of inheritance and gift tax
Typical problems
Why liquidation cases go wrong
The difficulties are rarely about the law itself. They are about timing, representation and choosing the wrong kind of adviser for the role you actually have.
The first weeks decide the outcome
Payments made shortly before a filing, unfinished contracts and stock that has already been moved are all scrutinised later. Instructions taken early are easier to defend than decisions reconstructed months afterwards.
Court representation is not optional
In Austria you must be represented by a Rechtsanwalt before the regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000. Choosing that lawyer is part of the case, not an afterthought.
Creditors and directors need different advice
A supplier chasing trade receivables, a director facing questions about late filing and a shareholder disputing the distribution of assets are three different matters. Matching by specialisation avoids paying for general advice you cannot use.
How we help
Matching built around Austrian practice
We do not advise on your case. We find the lawyer who does, and we do it without charging you for the introduction.
Austria-only matching
We match you with Rechtsanwälte entered on a regional Bar list who practise before the Austrian courts, including the specialised insolvency courts and the commercial courts in Vienna and Graz.
One description, several firms
You explain the situation once. We use it to approach lawyers whose practice fits your role, whether you are a creditor, a director, a shareholder or a buyer of distressed assets.
Costs clear before you commit
Austrian lawyers may bill under the RATG and AHK tariff or agree hourly or success-based fees in writing. You discuss the basis directly with the lawyer before instructing anyone.
No charge for the introduction
Matching is free and carries no obligation. If the fit is not right, you can ask for another introduction or simply stop there — nothing is charged for the referral itself.
Also available in
Cross-border matters we can route
Liquidation files often touch more than one jurisdiction. We work with lawyers in Austria and in the following European countries, so a cross-border element does not stop the search.
Questions
Liquidation in Austria: common questions
Do I need a lawyer to represent me in an Austrian liquidation case?
In civil litigation, representation by a Rechtsanwalt is mandatory before the regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000 (section 27 ZPO). Only below that threshold may parties appear in person. In practice, insolvency-related disputes are almost always handled by a lawyer.
How does your service help me find liquidation lawyers in Austria?
You describe your situation once, in English or German, and we identify Rechtsanwälte whose practice covers winding-up, creditor claims or director liability. We then introduce you to a suitable lawyer. The matching is free, there is no obligation to instruct anyone, and you agree fees directly with the lawyer.
What fees do Austrian lawyers charge?
Lawyers’ fees for representation before courts and authorities are governed by the Rechtsanwaltstarifgesetz (RATG) and the General Fee Criteria (AHK), typically scaled to the value in dispute, while out-of-court work is often billed hourly. Lawyer and client may also agree different terms, including hourly or success fees, subject to written-form requirements and professional limits.
How long do creditors have to pursue claims in Austria?
It depends on the claim. General contractual claims can be pursued for up to 30 years. Tort damages, recurring payments such as rent, interest and maintenance arrears, and trade receivables for purchase price or work remuneration are subject to three-year periods. Employees challenging a dismissal must act within two weeks.
Can I apply for legal aid for proceedings in Austria?
Legal aid (Verfahrenshilfe) is granted by the court on application if you cannot meet the costs of proceedings without impairing the necessary maintenance of yourself and your family, and your case is not without prospect of success. It covers exemption from court fees and, where a lawyer is required, the free provision of one. It is repayable if your finances improve, up to three years after the proceedings end.
Is inheritance or gift tax still charged in Austria?
No. Austria abolished inheritance tax and gift tax with effect from 1 August 2008 after the Constitutional Court struck down the core provisions of the Inheritance and Gift Tax Act. Transfers of real property still trigger real-property transfer tax (Grunderwerbsteuer) and a land-register entry fee, and larger lifetime gifts may carry a reporting obligation.
Next step
Tell us about your liquidation matter
Describe your situation in a few sentences and we will introduce you to liquidation lawyers in Austria whose practice fits your case. The introduction is free, there is no obligation, and you decide afterwards whether to instruct the lawyer.