OGH: No Witness Examination from the Comfort of Your Own Home

Nov 7, 2025 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has addressed witness examinations by video conference and clarified Section 277 of the Austrian Code of Civil Procedure (Zivilprozessordnung, hereinafter ZPO).

In the case at hand, a vehicle insured by the defendant was involved in a traffic accident in France that caused damage to the plaintiff’s car.

The plaintiff is requesting compensation for repair expenses, citing exclusive fault on the part of the insured vehicle’s driver. The defendant has raised an objection regarding sole liability and has petitioned for the witness located in France to be examined remotely via Zoom.

Section 277 ZPO also applies to witnesses from abroad

The court of first instance issued a request for legal assistance to the French court and opted not to conduct a video hearing of the witness at her residence. Instead, the court upheld the claim, noting that a Zoom hearing was not feasible due to the necessity of thoroughly examining the witness regarding the circumstances of the accident, with the involvement of an interpreter, an expert, and access to relevant documentation.  

The court of appeal overturned the previous decision and directed the court of first instance to reach a new judgment after supplementing the proceedings by hearing the witness via video conference from her place of residence. Section 277 of the ZPO applies equally to the examination of witnesses abroad as well as within Austria and does not necessitate the presence of the witness in a court building. There were no exceptional circumstances warranting an examination by the judge as requested.  

The use of video examinations depends on national procedural rules

The OGH allowed the plaintiff’s appeal. Initially referencing Article 1(1) and Article 19(8) of the European Evidence Regulation, the Court underscored that the permissibility of conducting a video hearing outside a court building must be evaluated under both EU law and applicable national procedural rules.

Pursuant to Section 277 of the ZPO, the court is required to conduct direct evidence hearings via voice and image transmission technology when technically feasible. This approach should be used in place of hearings conducted by an appointed or requested judge, except where such hearings are more efficient for procedural economy or are necessary due to specific circumstances.

The OGH stated that witnesses are generally required by public law to testify, which includes appearing in court.

2Ob60/25z (18 September 2025)