OGH: Service Effective Despite Internet Problems

Apr 16, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that the time period for filing an appeal commences with the public announcement of a decision in the edict register. Issues pertaining to personal notification do not provide sufficient grounds for exemption from the standard service requirements.

In the case at hand, the debtor—who is also the claimant—filed an extraordinary appeal following a decision by the regional court. The court had ended the enforcement proceedings earlier than expected and announced its decision on 7 August 2025. The claimant submitted their appeal later, on 5 September 2025, despite the official deadline being just 14 days. The debtor explained the delay was due to internet connectivity issues.

Issues with internet connectivity do not delay the commencement of the appeal period

The court of appeal ruled that the debtor’s appeal was filed too late and therefore rejected it.

The OGH expressed a similar opinion.

The decision upheld the appellate court's determination that the appeal period begins with the publication of notice in the insolvency register. The provision of individual service, or whether the appellant reviewed the public notice register, has no bearing on the commencement of the appeal period.

The claimant’s argument that internet problems stopped him from accessing the public register or contacting his representative by email does not excuse a late appeal. He also contended that it is unreasonable for someone without legal expertise or financial resources to regularly seek internet access through others.

The debtor was expected to have full knowledge of the deadline

Nonetheless, the Court determined that a personal internet connection is not strictly necessary for accessing the insolvency register. The case file indicates that the debtor could not have been unaware of the court of first instance’s ruling or its timing, as he was personally notified of the consequences of missing the 14-day deadline by way of the decision served to him on 15 July 2025.

OGH 8 Ob 7/26a (28 January 2026)