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A Statement of Claim (Klage in Austrian law) is the formal document that starts a civil court case. When you need to take legal action against someone in Austria, this document tells the court exactly what happened, what legal rights were violated, and what you want the court to do about it.

Under Austrian civil procedure law (Zivilprozessordnung), your Statement of Claim must include specific details like the parties involved, the facts supporting your case, and your desired outcome. The court uses this document to notify the defendant and set the scope of the legal proceedings - making it the foundation of your entire case before Austrian courts.

File a Statement of Claim when someone owes you money, breaches a contract, or causes damages that need legal resolution in Austria. Common situations include unpaid invoices, property disputes, or when a business partner fails to deliver promised services. The Austrian courts require this formal step to begin enforcing your legal rights.

Time matters - Austrian law sets strict deadlines for filing claims, often three years from when you first noticed the problem. Filing promptly helps preserve evidence, meets legal time limits, and shows the court you're serious about resolving the dispute. Many businesses file claims after attempting negotiation or mediation fails to resolve the issue.

• Basic Civil Claim: The standard format for monetary disputes, contract breaches, or property matters in Austrian courts. Used for straightforward cases under €15,000.
• Commercial Claim: Enhanced version for business-to-business disputes, requiring detailed financial documentation and specific commercial code references.
• Employment Claim: Specialized format for workplace disputes, following Austrian labor law requirements and works council procedures.
• Consumer Protection Claim: Simplified version for consumer disputes, incorporating mandatory consumer protection provisions.
• Urgent Relief Claim: Expedited format for time-sensitive matters requiring immediate court intervention, like injunctions or asset freezing.

• Claimants/Plaintiffs: Individuals, businesses, or organizations who initiate legal proceedings by filing the Statement of Claim in Austrian courts.
• Legal Representatives: Austrian lawyers who draft and file claims, ensuring compliance with civil procedure requirements and court standards.
• Court Officials: Judges and administrative staff who process claims, schedule hearings, and manage case progression.
• Defendants: Parties who receive the claim and must respond within strict deadlines set by Austrian law.
• Expert Witnesses: Specialists who may be referenced in claims to support technical or professional aspects of the case.

• Core Facts: Gather detailed documentation of events, dates, and relevant communications supporting your claim.
• Party Details: Collect full legal names, addresses, and registration numbers of all involved parties.
• Damage Assessment: Calculate exact amounts claimed, including interest and costs, with supporting evidence.
• Legal Basis: Identify specific Austrian laws or contract terms that support your position.
• Timeline Check: Verify you're within the statute of limitations and court filing deadlines.
• Document Review: Our platform helps ensure all mandatory elements are included, generating legally sound claims that meet Austrian court requirements.

• Court Designation: Name and location of the competent Austrian court for jurisdiction.
• Party Information: Full legal names, addresses, and identification details of claimant and defendant.
• Claim Summary: Clear statement of the relief sought, including specific monetary amounts or actions requested.
• Factual Background: Chronological presentation of relevant events supporting the claim.
• Legal Grounds: Specific references to Austrian laws or contractual provisions that establish legal basis.
• Evidence List: Detailed index of supporting documents and witness information.
• Signature Block: Claimant's or legal representative's signature with date and place.

A Statement of Claim differs significantly from a Witness Statement in Austrian legal proceedings. While both documents play crucial roles in court cases, they serve distinct purposes and follow different formats under Austrian civil procedure law.

• Primary Purpose: A Statement of Claim initiates legal proceedings and outlines your case against someone, while a Witness Statement provides supporting evidence from a third party about specific facts or events.
• Legal Effect: A Statement of Claim triggers court jurisdiction and requires a formal response, whereas a Witness Statement serves as evidence but doesn't start legal proceedings.
• Content Requirements: Claims must include specific legal grounds, relief sought, and jurisdiction details. Witness Statements focus on factual observations and personal knowledge.
• Timing: Claims are filed at the start of proceedings, while Witness Statements can be submitted throughout the case as supporting evidence.