UPDATE: Austria ratifies Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention) (entry into force 12 September 2020)
On September 12, 2020 the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of November 15, 1965 entered into force. Austria had not yet acceded to the Convention, but that has now been made up for. The Convention is directly applicable in Austria and is intended to facilitate legal relations with third countries.
The "Central Authority" within the meaning of the Convention is responsible for arranging the service of documents from other Contracting States in Austria. Austria declares in accordance with Article 5(3) of the Convention that documents to be served must be in German or accompanied by a translation into German.
Article 6 of the Convention requires Contracting States to issue a "certificate of service" containing information on the execution of the request, indicating the form, place and time of execution and the person to whom the document has been delivered. The certificate of service shall be sent directly to the requesting party.
Austria has designated the Ministry of Justice (Justizministerium) as the "Central Authority" and the district courts as the authorities responsible for issuing the certificate of service.
On the occasion of ratification, Austria made a reservation stating that it will not apply the Convention to the service of documents addressed to the Republic itself (including its territorial communities, authorities and persons acting on its behalf). This must be done through diplomatic channels.
In addition, Austria has contradicted certain alternative means of delivery in accordance with Articles 8 and 10 of the Convention: Accordingly, it is not permitted to serve documents in Austria through the diplomatic or consular representatives of other Contracting States (except for documents to nationals of the State of origin). Nor may the other contracting states in Austria have service of documents effected by the postal service or judicial officers.
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