Commercial Law & Civil Litigation
Commercial-law disputes require a clear line, clean taking of evidence, and experience in the Code of Civil Procedure. I represent private individuals and companies before civil courts, primarily in Vienna and Lower Austria, from the first letter asserting a claim through to the enforcement or defence of claims. The focus is on a structured preparation of the facts and a solution that is legally sound and economically sensible.
Key focuses
Damages and warranty claims
- Contractual and corporate disputes
- Evidence and evidence-preservation proceedings
- Follow-on claims after criminal proceedings (private parties)
- Settlement negotiations and procedurally economical solutions
- Road traffic accidents and pain and suffering compensation
- Injunction claims
- Letters of demand and debt recovery
- Filing of claims and statements of defence
- Appeals, complaints and revisions
FAQ
When is a lawsuit sensible, when a settlement?
That depends on the evidentiary situation, litigation risk and the existence of legal expenses/liability insurance. The economically most sensible settlements can often be achieved only after filing the claim at the first hearing. The goal is the best solution in the ratio of cost risk and prospects of success.
How does a civil case typically proceed, how long does it take?
Typically there are a statement of claim, a statement of defence, preparatory written submissions, a preparatory hearing and, depending on the evidentiary situation, one or more evidentiary hearings. The duration depends strongly on whether witnesses must be examined, whether experts are required and whether legal remedies are pursued. A settlement can significantly shorten proceedings; with complex taking of evidence it can take longer. A reliable prognosis is usually possible only after review of the file situation.
How can I secure evidence if time is pressing?
If time is pressing, you should secure evidence immediately, for example through documentation, data backup and orderly collection of relevant documents. Depending on the case, evidence-preservation proceedings and court measures may be considered to avoid later loss of evidence. It is important to clarify early which facts must be proven and which means of evidence are suitable for this. The specific approach depends on the subject matter of the dispute and the stage of the proceedings.
Is there interim legal protection?
In suitable cases, interim legal protection can provide provisional safeguarding, for example for injunctions, to secure claims or to avert impending disadvantages. Preconditions are a coherent basis of claim and urgency that must be credibly demonstrated. Whether an interim injunction is sensible depends on objectives, evidence situation and risks (in particular cost risk and countermeasures).