Court Fee Shock in Austria: Justice Reaches into Your Wallet

Court Fee Shock in Austria: Justice Reaches into Your Wallet Court fees in Austria are exploding: after a 23% hike in 2025, another shock comes on August 1. All about costs for lawsuits, divorce, and how to save. Topics: News, Economy.

Taking your case to court in Austria is becoming increasingly expensive. After a record 23 percent increase in court fees on 1 April 2025, the country faces yet another blow: from 1 August 2026, court fees (Gerichtskosten) will increase automatically by roughly six percent. The hike affects civil proceedings, divorces, and even simple photocopies. The Austrian Bar Association (ÖRAK) is raising the alarm and demanding an immediate political fee freeze. This article covers what exactly is getting more expensive, why Austria is the European champion at charging court fees, and how you can protect yourself.

Another Fee Shock Arrives on 1 August

The Ministry of Justice has no choice: court fees are adjusted automatically whenever the consumer price index (VPI) rises by more than five percent compared to the reference month of the last adjustment. Since the VPI has increased by nearly six percent since November 2024, the hike enters into force on 1 August 2026 by decree of the Minister of Justice. As Krone.at reports citing the Ministry, the minister has zero discretion — the increase is mandated by law.

All court fees are affected: civil proceedings, family law cases, commercial register entries and non-contentious proceedings. The updated tariffs are published on oesterreich.gv.at and in the Court Fees Act (Gerichtsgebührengesetz) at ris.bka.gv.at.

Last Year’s Hike Was Already Record-Breaking

This upcoming increase is already the second within 16 months. On 1 April 2025, court fees rose by an average of 23 percent — the largest jump in decades, following a three-year freeze. As Der Standard analysed, this was one of the first measures taken by Justice Minister Anna Sporrer.

Combined, the two increases mean that court costs will rise by almost one-third within a single year. Those who started proceedings in 2025 are hit particularly hard — they must pay the higher rates for subsequent instances or settlements.

We have been European champions in court fees for years. Austria is the only country where the justice system takes in more money than it costs to run.

— Armenak Utudijan, President of the Austrian Bar Association (ÖRAK)

What Exactly Is Getting More Expensive

The increase affects a broad range of fees. The cost surge is particularly noticeable in the following areas:

Civil proceedings: For a claim with a disputed value of €3,500, court fees across all three instances amount to more than €2,200 — that is nearly two-thirds of the claim value. Fees are calculated according to the tariff schedules of the Court Fees Act (GGG), which are scaled by the value of the claim. A current rate overview is available at prozesskosten.at.

Divorce: For a mutual divorce under § 55a of the Marriage Act, the flat fee is around €312 for the application plus another €312 for the settlement agreement. If a property transfer is involved, an additional €465 applies. For a contested divorce (lawsuit), the fee is €410. With the August increase, all these amounts will rise by roughly six percent. Detailed cost information is available at oesterreich.gv.at.

Copies and certificates: Even simple services such as notarised copies or land register extracts are becoming more expensive. Administrative fees outside of court proceedings are also index-adjusted.

Austria — European Champion in Court Fees

Austria holds a dubious top spot in Europe: nowhere else are court costs as high relative to the claim value. As early as 2024, a study showed that Austria is the only EU country where revenue from court fees exceeds the cost of running the justice system. Mandatory chamber contributions (Kammerumlagen) combined with high court fees create a double burden for citizens and businesses. As WKO notes, the fees not only cover court costs but generate a surplus for the state budget — a hidden tax, according to critics.

Bar Association Demands a Fee Freeze

The President of the Austrian Bar Association, Armenak Utudijan, urges politicians to finally pull the emergency brake. In a statement to Krone.at, he warned: “The upcoming increase means a massive restriction in access to justice for the population.” Utudijan is calling for a legislative fee freeze — otherwise, he argues, the justice system will gradually abolish itself.

Support comes from multiple quarters: the Judges’ Association and the Public Prosecutor’s Office have been complaining for years about staff shortages amid rising revenues. Critics accuse politicians of using the justice system as a hidden revenue source instead of investing in its modernisation.

What Can Citizens and Businesses Do?

Despite rising costs, there are ways to reduce the financial burden:

Apply for procedural aid (Verfahrenshilfe): If your income and assets are low, you can apply to the court for exemption from court fees. This can also include free legal representation by a lawyer. The eligibility criteria are detailed on oesterreich.gv.at.

Out-of-court settlement: Mediation and conciliation proceedings are often significantly cheaper than going to court. Many disputes can be resolved without litigation.

Legal expenses insurance (Rechtsschutzversicherung): An existing policy can cover court and lawyer fees partially or in full. It is best to take out such insurance before starting proceedings.

Get informed in advance: Use the cost calculator at prozesskosten.at to estimate the expected fees. A timely legal consultation helps assess the chances of success realistically and avoid unnecessary litigation.

If you are going through a divorce, we also recommend our detailed guide on divorce costs in Austria, which breaks down all cost items comprehensively.

Frequently Asked Questions

When exactly do court fees increase? The next increase takes effect on 1 August 2026. It is triggered automatically by the statutory indexation mechanism when the CPI rises by more than five percent.

How much will fees rise specifically? Fees will go up by roughly six percent. Combined with the 23 percent increase from April 2025, the total rise within one year amounts to nearly one-third.

Does this affect divorce proceedings? Yes. Both the flat fees for mutual divorces and the fees for contested divorces will be index-adjusted.

Can I be exempted from paying? Yes. If your income and assets are low, you can apply for procedural aid (Verfahrenshilfe). This exempts you from court fees and may include free legal representation.

Access to Justice Must Not Be a Luxury

Rising court fees in Austria are more than a budgetary footnote — they threaten a core principle of the rule of law: access to justice for all segments of society. Politicians must review the automatic fee adjustment mechanism and fund the justice system adequately from the state budget. Until then, citizens and businesses must make use of available relief options such as procedural aid, mediation, and advance legal advice. Subscribe to our newsletter to stay informed about important changes in Austria’s legal system.