Fragen & Antworten
Who bears the costs for a legal dispute?
In Austria, lawsuits are subject to the “Obsiegensprinzip”. This means the prevailing party is refunded the court costs as well as the lawyer´s fee (as far as the court regards them necessary for the appropriate prosecution) according to the regulations of the RATG by the defeated party. Partial prevailing can cause a proportionate refund. If lawyer and client agreed on an hourly fee, it can happen that the prevailing client is not refunded the entire lawyer´s fee, if the hourly fee is higher than the tariff due to the invested time or if certain services are not regarded as appropriate and are therefore not refunded.