!!!Oberster Gerichtshof, OGH

Oberster Gerichtshof, OGH, Austrian Supreme Court of Justice, 
established in Vienna in 1850 by Imperial Decree as a successor 
institution to the Supreme Judicial Authority as "Austrian Supreme 
Court of Justice and Court of Appeals". Since 1918 only function as 
OGH as defined in OGHG, Federal Law Gazette 1968/328 as amended). 
According to the Austrian constitution the OGH is the court of final 
appeal for civil and criminal cases. The court hears appeals against 
decisions issued by intermediate courts, decides in nullity actions 
against pending judgements both before and after the judgement has 
become final and (since 1993) on complaints regarding violations of 
fundamental rights. As a rule the OGH decides in panels (so-called 
"senates") of 5 judges, of which 1 heads the panel. In special cases, 
such as legal issues of fundamental importance decisions are reached 
in an enlarged "senate" (11 judges).

!Literature
W. Platzgummer, Grundzuege des oesterreichischen 
Strafverfahrens, %%sup 8/%1997; W. Rechberger and D. Simotta, 
Grundriss des oesterreichischen Zivilprozessrechts 
(Erkenntnisverfahren), %%sup 5/%2000.


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