Anxiety on entering a court building

If a party is unable to enter a particular court for mental reasons, this is not a ground for transferring a case to another court.

The respondent stated that she was unable to enter the court entrusted with the conduct of the case for mental reasons. Several proceedings conducted before this court in the past had put such an emotional strain on her that she had developed anxiety as a result, which prevented her from entering this court building. She substantiated this with medical reports and applied for the transfer of jurisdiction to another court.

The Supreme Court (1 Ob 42/22s) confirmed the decision of the lower court, which rejected such a transfer of jurisdiction.

A transfer of jurisdiction would only be permissible if the proceedings before another court could be conducted faster and/or more cost-efficiently in the interest of both parties. This is not the case if one party is prevented from entering the court building for health reasons, but neither the parties nor the witnesses are domiciled in the district of the court to which the proceedings were to be delegated. The party prevented from entering the court building could, however, be heard at his or her home or by way of administrative assistance by another court, whereby his or her interests are taken into account.

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