FUITH Rechtsanwälte

What is an "award" in enforcement proceedings?

Von Mag. Martin Fuith, LL.M.

Last updated:

In Austrian enforcement proceedings, the acquisition of real estate at auction is called the "Zuschlag" (award).

In Austrian enforcement proceedings (Exekutionsverfahren), the acquisition of real estate at a compulsory auction is referred to as the "Zuschlag" (award). Notably, when property is acquired through an auction, the provision applicable to agricultural and forestry land — which ordinarily prohibits a purchase price exceeding 30 per cent above market value — does not appear to apply. This means that considerably higher prices for agricultural and forestry land may lawfully be paid in auction proceedings than would otherwise be permissible in ordinary transactions.