What are the rules of appeal against a judgment of a civil court of Austria?
The ACCP provides for an ordinary appeal against the judgment of a trial court (“Berufung”), and an appeal against the judgment of an appellate court (“Revision”). A specific appeal (“Rekurs”) may be brought against a court order. Other requests for relief from court decisions are known as extraordinary remedies (actions for annulment, actions for the reopening of proceedings). Generally, a timely appeal against a judgment suspends its legal validity (res judicata) and in most instances also its enforceability. An appeal against a court decision usually does not suspend the decision’s enforcement. In the appeals proceedings, no new claims, defences and evidence may be introduced.
