File number (Austria)

The file number is part of the identification of files (documents) used by the Austrian courts.

Explanation

All court documents (for example: submissions, protocols, originals, delivery cards, etc.), which concern the same thing, are under a common name, the file number (§ 372 rules of procedure for the courts of 1st and 2nd instance - Geo), to the file to unite this thing. In Austria there are only statutory provisions with regard to civil and criminal courts. For other courts (Constitutional Court, Administrative Court, Federal and State Administrative Courts) the type of files and registers is only based on internal regulations. Insofar as reference is made in the following to the provisions of the Court Organization Act (GOG) or the Geo, these statements therefore only apply to Austrian civil and criminal courts. However, files are kept in the other courts in a comparable (if not completely identical) manner.

Files

Pursuant to Section 81 (2) GoG, all documents received by the court that relate to the same case must be collected in a file (in practice usually a colored cardboard folder) and combined under one and the same common name.

Only the name of the file specification (file federal) with a reference number (see below) gives the act .

File number

In accordance with Section 371 (3) Geo, the file has the file number on the outside, and the transaction number (Section 372 (2) Geo) is to be added to each item at the top right. Pieces of land register belonging to other files (Section 448 (4)) bear a diary number in addition to the transaction number.

The file number in accordance with Section 372 (1) Geo consists of the generic code (Section 373 Geo), the file number (Section 374 Geo) and the last two digits of the year of occurrence; where similar things are carried out in several court departments, the generic symbol is preceded by the number assigned to the department.

This structure of the file number is also used, with changes, by courts other than civil and criminal courts and by some administrative authorities (see below) in Austria.

Example of a file number from the Administrative Court:

Ra 2019/01 / 0001-2 consists of:

Ra - generic symbol (Ra denotes an extraordinary revision), 2019 - year number, 01 - number of the decisive Senate, 0001 - file number, 2 - serial number

Example of a file number from the Provincial Administrative Court of Burgenland:

E 008/02 / 2018.001 / 010 consists of:

E - identifier, whether a single judge or senate decision (E denotes a single judge decision), 008 - code of the administrative matter, 02 - code of the deciding judge, 2018 - year number, 001 - file number, 010 - serial number

Number of business department

The abbreviation of the business departments at the Austrian civil and criminal courts is made up of a maximum three-digit number (letters are not permitted) if more than one business department is set up at this court.

Generic sign - register sign

The register number is the part of the file number that refers to a specific file register . In the civil and criminal courts responsible for legal remedies, for example, special appeals or revision registers are kept in which only appeals or revisions are recorded. Sets one of the parties , for example an appeal, so when is office of the court awarded for this procedure a unique reference number, is evident from the result of the tab character in turn, that the file is to be sought in the appeal register. The Administrative Court also keeps its own registers for applications to the Constitutional Court for legal reviews and for requests for preliminary rulings to the Court of Justice of the European Union. The generic symbol is therefore used to find the file in a specific register.

The following register symbols (generic symbols) are used in Austrian courts:

character	meaning	dish	Form
A.	Legacy treatises	BG	90
A.	Property law claims against the federal government, a state, a municipality or a municipal association, Art. 137 B-VG	VfGH
A.	Applications to the Constitutional Court	VwGH
B.	Decision review procedure according to Art. 144 B-VG [until 2013]	VfGH
BE	Conditional Discharge Register	GH1
BergB	Bergbuch (land register)	BG
Bl	Appeal in criminal matters	GH1	119
Bs	Appeal in criminal matters	OLG
BSR	Inland shipping register	BG
C.	Civil litigation	BG	83
C.	Violations of international law, Art. 145 B-VG	VfGH
Cg	Civil litigation , including mandate and bill of exchange cases and legal recourse actions	GH1	84
Cga	Dispute register for labor law matters	GH1
Cgs	Dispute register for social law matters	GH1
Cr	Processes in the labor courts (now irrelevant)		83
Ds	Disciplinary matters	OLG / OGH	122
DV	Removal of a member of the Constitutional Court, Art. 147 Para. 7 B-VG, § 10 VfGG	VfGH
E.	Execution matters according to the execution order	BG	86
E.	Appeal against findings and decisions of the administrative courts, Art. 144 B-VG	VfGH
EU	Reference for a preliminary ruling to the Court of Justice of the European Union	VwGH
IceB	Railway book (land register)	BG
F.	Non-contentious marriage matters (e.g. applications for the division of the marital usable property)	BG
F.	Determining whether an agreement i. S. d. Art. 15a para. 1 B-VG exists or whether the obligations resulting from such an agreement have been fulfilled, Art. 138a B-VG	VfGH
fa	Request for registration of a new company (company incident register, meanwhile no longer relevant)	GH1	102
Fe	Procedure regarding requests for a declaration	VwGH
Fr.	ADV-managed business register	GH1
Fr.	Procedure regarding requests to set deadlines	VwGH
Fs	Deadline application register in the ADV-N procedure under case code 61	GH1
Fsc	Time-setting matters in civil matters	OLG / OGH
Fss	Time-setting matters in criminal matters	OLG / OGH
G	Authentication of signatures	BG	98
G	Proceedings before the Federal Administrative Court (combined with a sequence of digits)	BVwG
G	Legal review procedure according to Art. 140 B-VG	VfGH
gene	Cooperative register (commercial register)	GH1
Gv	Applications for approval by the Land Transport Commission (irrelevant)	GH1	110
Gvb	Complaints against decisions of the land transport district commission (irrelevant)	GH1	111
Hc	Legal assistance in civil cases (civil cases)	BG / GH1 / OLG	99
HGB	Deposit book	OLG
HMB	Deposit book	OLG
MR	Detention and legal protection matters (register) New from 2008 instead of Ur and Rk;	LG
HRA	Department A of the commercial register (commercial register)	GH1
HRB	Section B of the commercial register (commercial register)	GH1
Hs	Legal assistance in criminal matters	BG / GH1 / OLG	99
Hv	pending criminal cases with the chairman of the senate or with the single judge in simplified proceedings	GH1	118
Jv	Administrative justice matters	BG / GH1 / OLG	109
K	Termination matters that are not entered in a register (now irrelevant)
AI	Conflicts of jurisdiction, Art. 138 Para. 1 B-VG	VfGH
K II	Determination of the jurisdiction of the Federation or the Länder, Art. 138 Para. 2 B-VG	VfGH
Ko	Procedures regarding conflicts of jurisdiction	VwGH
Kr	Dismissal matters that are not entered in a register at the labor courts (now irrelevant)
KR	Differences of opinion on the interpretation of the statutory provisions that regulate the competence of the audit office or a state audit office, Art. 126a and Art. 127c Z 1 B-VG	VfGH
Kt	Register at the Higher Regional Court of Vienna as a cartel court	OLG
KV	Differences of opinion on the interpretation of the statutory provisions that regulate the competence of the Ombudsman Board or a State Public Ombudsman, Art. 148f and Art. 148i Para. 2 B-VG	VfGH
L.	Detention, incapacitation, etc.	BG	92
LVwG	Provincial Administrative Court	LVwG
M.	Dunning matters that are not entered in a register (now irrelevant)
Mr.	Dunning matters that are not entered in any register at the labor courts (now irrelevant)
MSch	Applications (notifications) on which the Rental Commission has to decide, with the exception of criminal matters	BG	112
Nc	all civil cases not relocated to another register	BG / GH1 / OLG / OGH	109
Nkt	Register at the Higher Regional Court of Vienna as a cartel court	OLG
Nm	Other matters of the rental commission, with the exception of criminal matters	BG	109
No	all things not referred to another register at the labor courts (now irrelevant)		109
Ns	all criminal proceedings that are not referred to another register	BG / GH1 / OLG / OGH	109
If	Legal remedies in civil matters	Supreme Court
ObA	Legal remedies in labor law matters as well as applications according to § 54 Abs. 2 ASGG	Supreme Court
ObS	Appeal in social law matters	Supreme Court
OCg	Actions for the annulment of an arbitral award and actions for a determination of the existence or non-existence of an award	Supreme Court
OK	Appeal against decisions of the cartel court	Supreme Court
ONc	Procedure for the formation of the arbitral tribunal according to §§ 586 ff ZPO	Supreme Court
Os	Legal remedies and legal remedies in criminal matters , complaints according to § 85 Paragraph 1 and 2 GOG, proceedings according to the StEG as well as disciplinary matters of lawyers and trainee lawyers	Supreme Court
P	Guardianship matters (guardianship and curatorship)	BG	93
Pers	Personnel matters	BG / GH1 / OLG	123
Psh	Lease protection matters	BG	113
R.	Appeal in civil matters , including appeals and contradictions in incapacitation proceedings	GH1 / OLG	108
Ra	Appeal in labor court proceedings	OLG
Ra	Procedure for extraordinary audits	VwGH
Rev	Auditors	OLG
Ro	Proceedings regarding ordinary revisions and complaints from the Constitutional Court assigned according to the old legal situation	VwGH
Rs	Appeal in social court proceedings	OLG
S.	Bankruptcies	GH1	100
Sat	Compensations	GH1	101
Schl	Disputes that are pending with the arbitration boards	Schl
SG	Indictment against the highest organs for culpable violation of law, Art. 142 and 143 B-VG	VfGH
SR	Submitted resolutions on expert fees to the auditors	GH1	109
SSR	Shipping register	BG
SV	Illegality of international treaties, Art. 140a B-VG	VfGH
Svv	Pre-litigation register in the ADV-N procedure under case code 74	GH1
T	Objection matters (e.g. declaration of death of an absent person or to provide evidence of death, declaration of invalidation of a document)	GH1	97
TZ	Diary number (land register)	BG
U	Violation cases	BG	115
U	Complaints against decisions of the Asylum Court, Art. 144a B-VG [2008-2013]	VfGH
UA	Motions concerning the establishment and activities of the National Council's committees of inquiry, Art. 138b B-VG	VfGH
Ub	Detention according to the Accommodation Act or the Tuberculosis Act	BG
Uh	Deposit of documents (land register)	BG
Ur	criminal cases pending with the examining magistrate or with the chairman of the council chamber	GH1	117
Uv	Maintenance advance matters	OLG
V	Ordinance review procedure according to Art. 139 B-VG	VfGH
Vr	Crime and Misdemeanor Proceedings	GH1	116
W.	Illegality of announcements about the republication of laws or international treaties, Art. 139a B-VG	VfGH
WI	Contestation of elections, Art. 141 Para. 1 B-VG	VfGH
W II	Loss of office or mandate, Art. 141 Para. 1 lit. c and d B-VG, Section 10 (1) Incompatibility and Transparency Act	VfGH
W III	Contesting the result of popular initiatives, referendums, polls and European citizens' initiatives, Art. 141 Para. 1 lit. e B-VG	VfGH
W IV	Admission of persons to voter registries and deletion of persons from voter registries, Art. 141 para. 1 lit. f B-VG	VfGH
Z	Showing crimes and misdemeanors	BG	114

Addition to the registration numbers (court)
LIABILITY	Accused in custody (red font)
J	The accused is a young person
JE	The accused is a young adult
Closure	The file is not subject to inspection

Certain authorities in Austria use their own compilations of file numbers (examples):

Registration numbers of authorities (examples)
BEK	Federal Compensation Commission
BVK-F	Federal Distribution Commission - business cases at the assessment panels
BVK-VT	Federal Distribution Commission - business cases of the Distribution Senate
BVK-V	Federal Distribution Commission - all other cases
DSB	Data protection authority
VA	Ombudsman

File number

Regardless of the date of receipt of a new business case, the number of files is automatically and consecutively assigned per business department annually starting with one by the ADV system (or the entry point of the court without the ADV system) after the time of entry . Example: From January 1st of each year, new file numbers are assigned for this year, even if the submission date is in the previous year (§ 359 Geo).

The file number is a maximum five-digit number, which is distinguished from the year by the separator " / ".

Years

The year in the file number of a civil and criminal court is given by using the last two digits of the year of occurrence (example: 05 for the year 2005). In recent years, the four-digit year has also been used more and more.

Test letter - test mark

The test mark consists of a lower case letter. The test mark is determined by the electronic system (ADV) using a mathematical formula to avoid input errors.

The test character (test letter) comes directly after the year (no space) and is separated from the serial number with the separator " - ".

Serial number

By adding the serial number (§ 375 Geo), the file number results in the business number, for example 3 C 420/50.

Example: 3 C 420/50 - 3 or 8 Vr 116/50 - 7 .

The serial number is a maximum of three digits, which can consist of numbers or a short description of the person involved in the proceedings in brackets.

Example: 10 C 125 / 95t - 2 (1st ZG)

According to § 375 Geo (with exceptions), the individual items of business are to be taken to the files according to the time sequence in which they were received or, for example, shorter minutes, official memos and originals, to be written to the files according to the time sequence in which they were set up, so that the order of the Business items in the act corresponds to the chronological sequence of the procedural steps. The business items are given consecutive serial numbers that start with 1 for each item and continue regardless of the end of the year.

The assignment of a new serial number usually depends on whether the document is of some importance. Certain documents always have their own serial number.

Business number

The transaction number is the designation of the entire identification information for a file in the Austrian courts and consists of the file number and the serial number (including an addition).

Files

More extensive files are to be summarized in file volumes of approx. 500 pages each. The file number is not changed by creating file volumes. A number (for example I to IV) is consecutively assigned to the file volume, which is placed after the file number.

Exception land register

In pure land register matters, the file number is formed from the diary number and the last two digits of the year in accordance with Section 372 (3) Geo. Wherever possible, this designation is to be stamped on all identical copies as well as on the half-letters and enclosures. On original inserts, however, the designation may only be affixed with a pencil or in any other way that allows it to be easily removed after the inserts have been returned.

The file number is also used as a business number in land register matters. In matters relating to the railway book, the mountain book or the deposit of documents, the letters EisB , BergB or Uh must be placed in front .

Commercial register (commercial register)

The file number is formed in the commercial register in accordance with § 441 Paragraph 3 Geo " by adding the number of the register sheet in which the company is entered in the commercial register (for example HRA 346); when entering the cooperative register, the name of the volume and the page are added (for example Gen. 31/128) ".

If, after deleting a company, the unused space on a register sheet was used to enter another company, then the letter a must be added to the entry number for the other company in accordance with Section 441 (4) Geo (e.g. HRA 346 a).

Linking files

If several things are connected with one another, the files are to be combined into a file bundle in accordance with Section 371 (4) Geo. The business pieces that grow up after the connection are all taken to one file, the "leading" one. The oldest or most advanced act is chosen as the leading act.

If a criminal matter is combined with another (leading) matter (Section 56 of the Austrian Code of Criminal Procedure ), its act is incorporated into the file of the leading matter under a special serial number.

See also

• European Case Law Identifier

literature

• ADV manuals from the Austrian Ministry of Justice

Web links

• http://www.rechtsgelehrter.de/wissen/registerzeichen.php4 ( Memento from September 3, 2007 in the Internet Archive )

Individual evidence

1. ↑ § 372 Rules of Procedure for Courts I and II Instance (Geo), ÖBGBl. No. 264/1951.
2. ↑ Exception: In purely land register matters (including the things of the mountain and railway book, the land table and the deposit of documents) each piece of business remains independent. Special provisions apply to administrative justice matters.
3. ↑ ÖRGBl No. 217/1896.
4. ↑ In accordance with Section 381 (3) Geo, paper in the following colors is to be used for the backs of files and file covers: yellow for files in the disputed proceedings , blue for enforcement matters, gray for files in non- contentious proceedings , brown for bankruptcy and compensation files , brown for land register and Register files green , for criminal and official offenses red .
5. ↑ In recent years, this has increasingly been replaced by a four-digit specification of the year of the attack.
6. ↑ Supreme Court: judgment of the Supreme Court of November 13, 2018. Retrieved December 14, 2018 . 
7. ↑ §§ 364–366 Geo, § 8 OGH-Geo, § 14 SchliSt-Geo u. a.
8. ^ Inland shipping register - management and equipment, DJ S 1902/1939. Guided tour of the BG Inner City Vienna, BG Klagenfurt and BG Salzburg.
9. ↑ The file number is formed by adding the number of the register sheet (§ 5 Paragraph 3 SchiRegV.) To the generic code (e.g. BSR 10). See also shipping register decree - adjustment and supplementary provisions, DJ S 428/1941.
10. ↑ § 341 Abs. 1 Geo: " All business items that relate to the same mass are to be combined under the mass symbol (§ 334 Abs. 12) as a file number in one act. Income notifications, court decisions and the like are according to the time Each file is to be kept with the associated assets. "Paragraph 2:" Business items that relate to an amount of money entered in the deposit book (§ 335) are to be combined into one file and given a file number, which is made up of the generic symbol HGB, the post number of the deposit book, the year and the abbreviated name of the custody court "(example HGB. 710/50, KG. Krems).
11. ↑ § 334 Abs. 12 Geo: " The masses are provided with a mass symbol, which is composed of the generic symbol HMB, the consecutive number of the deposit register, the year and the abbreviated designation of the court " (example HMB. 380/50, BG, Tulln).
12. ↑ Decree of JM v. December 24, 2007 regarding judicial record keeping
13. ↑ In Jv matters, according to Section 512, Paragraph 1 Geo " the files are identified by the generic symbol Jv, the number under which the thing is entered in the register, and the last two digits of the year, for example Jv 137/50. In the case of courts of law, the business group under which the case is to be classified must also be given, for example Jv 237-17 / 50 ".
14. ↑ The Nm register was established by the BMJ July 11, 1956 JABl. 15 abandoned.
15. ↑ According to § 521 Geo, the file number consists of the generic number, the first letter of the family name and the consecutive number of the personal file register (for example, the personal file of judge Dr. Karl Maier, who is entered in the personal file register under the serial number 15, bears the file number Pers M -15). A further subdivision is possible (example: Pers 1-M-15)
16. ↑ only at BG Innere Stadt Wien.
17. ↑ Verschlußsache order - optical or acoustic monitoring, öBGBl. II No. 256/1998.
18. ↑ See § 12 Rules of Procedure of the Federal Compensation Commission, Federal Law Gazette No. 202/1959.
19. ↑ The abbreviation of the Federal Compensation Commission must be given a reference to the subject matter of the respective business item. The serial numbers of the register and the year must also be added to the file number. If several senates have been appointed, the numbers assigned to the senates are to be put in front of the file number.
20. ↑ See rules of procedure of the Federal Distribution Commission, ÖBGBl. No. 233/1964.
21. ↑ The file number must be preceded by a reference to the state to which the compensation relates (i.e. Bulg-BVK-F / VT / V) as well as the serial numbers in the register and the year (example: 27/64).
22. ↑ For example for "first witness to be questioned".