In American movies and especially TV series (our favorite example here again "Law& Order"), you can always see a lawyer jumping up and shouting "Objection" Oscar-worthy. The objection is a legal remedy in Austria. However, appeals do not come into play only in the middle of the trial and during cross-examination of the opposing counsel.
Appeals are a formalized challenge to an administrative or judicial decision. Each appeal is bound to a certain time limit. Mag. Katharina Winkler, PLL.M von Pitzal/Cerny/Partner Rechtsanwalte OG is again a commentator and guest author for us.
Mag. Katharina Winkler, PLL.M. (Photographer: Martin Lifka)
"The legal remedy against a penalty order is an appeal, and against a judgment (in the first instance) is an appeal. Appeals are different depending on the type of court: jury or lay judge, respectively. Single judge, district court or state court."
Profession and appeal – Careful!
If you ask a lawyer what his appeal is, he or she will probably counter dryly: an appeal against a judgment. In addition to the appeal, there is also the appeal for annulment (this is about the fight against formal errors in the process). Appeals are provided against judgments of a single judge at the district court or at the regional court on grounds of nullity (procedural errors), guilt or punishment (appropriateness). " The appeal must be drafted by a lawyer. Emphasis on compose, so again nothing for us lawyers with theatrical jumping up!"
Appeal and recourse also exist
The appeal is the legal remedy against a verdict of the second instance. Like the appeal, the revision must also be written by a lawyer.
The appeal is against decisions. These are the decisions of the court not issued as a judgment. The appeal period is usually 14 days. The appeal must be filed with the court whose decision is being contested. The court of appeal is the superior court, which decides for itself.
Civil law& Criminal law are different, the appeal also!
Appeal in civil cases
In civil proceedings with an amount in dispute up to 10.000 euros and in cases determined by law, the district court has jurisdiction in the first instance. An appeal goes to the higher regional court, which decides through an appeal panel in the second instance. In particularly important cases, a further appeal to the Supreme Court is possible against the decision of the second instance by way of appeal.
In cases where the amount in dispute is 10.000 and in a few cases (competition or copyright disputes) the regional court decides in the first instance either by a single judge or a senate. An appeal against the verdict of the regional court can be referred to the higher regional court in the second instance.
"In civil proceedings there can even be up to 3 instances."