EN
OPINION OF THE EUROPEAN CENTRAL BANK
of 16 November 2001
at the request of the Federal Ministry of Just ice of the Republic of Austria on a draft law
amending the Lawyers' Fees Act on the introduction of the euro ( Euro-Rechtsanwaltstarif-
Novelle )
(CON/2001/37)
1. On 24 October 2001 the European Central Bank (ECB) received a request from the Ministry of
Justice of the Republic of Austri a for an opinion on a draft law am ending the Lawyers' Fees Act
(Euro-Rechtsanwaltstarif-Novelle ), hereinafter referred to as the draft law.
2. The ECBs competence to deliver an opinion is based on the second indent  of Article 105(4) of
the Treaty establishing the European Community , the second indent of Article 4(a) of the
Statute of the European System  of Central Banks and of the European Central Bank and the
first indent of Article 2(1) of Council Deci sion 98/415/EC of 29 June 1998 on the consultation
of the ECB by national authorities regarding draft legislative provisions 1, as the legislative
proposal contains provisions concerning currency matters. The Governing Council of the ECB
has adopted this opinion in accordance with the first sentence of Article 17.5 of the Rules of
Procedure of the ECB.
3. The main purpose of the draft law is the substitution of schilling amounts and thresholds by
euro amounts and thresholds in the law relating to lawyers fees. Furthermore, the draft law
contains some minor amendments to the Court Commission Fees Act(Gerichtskommisssionstarifgesetz ) and the Notary Fees Act ( Notariatstarifgesetz ) in line with
the principles of revenue and cost neutrality.
4. The replacement of schilling amounts with euro amounts for the purposes of lawyers fees is
based on the following principles:
/g183 thresholds are to be rounded up or down to  whole 10 euro amounts in order to obtain
convenient and practical figures, 
                                                          
1OJ L 189, 3.7.1998, p. 42.
2/g183 in order to preserve cost neutrality, the f ees are to be rounded up or down to full 10 cent
amounts. 
5. The ECB notes that according to the explanator y memorandum, the conversion of lawyers' fees
into euro commenced only after th e entry into force of their adju stment in line with inflation on
1 July 2001.
6. The ECB welcomes the draft law, which provides for the substitution of schilling amounts with
euro amounts for the purposes of lawyers' fees. Su ch adjustments are in the interests of legal
clarity and the transparency of the national legal system.
7. The ECB welcomes the intention of the draft law to comply with the principle of cost
neutrality. In its opinions of 17  May 2001 on a draft Second Federal Law containing ancillary
measures for the introduction of the euro ( 2. Euro-Justiz-Begleitgesetz ), of 24 August 2001 on a
draft law amending Austrian criminal law ( Strafrechtsänderungsgesetz 2001 ) and of 28
September 2001 on a draft law amending court fees ( Euro-Gerichtsgebühren-Novelle ), the ECB
underlined the importance of this principle in  the context of the introduction of the euro.
Furthermore, it is again recalled that at the meeting of the Eurogroup on 4 June 2001, theministers reiterated their policy that, overall, conv ersion into euro of all prices, charges and fees
administered by their Governments should be price neutral or smoothed in favour of the
consumer. 
8. The ECB confirms that it has no objection to the competent national authorities making this
opinion publicly available at their discretion.
Done at Frankfurt am Main on 16 November 2001.
The President of the ECB
[signed]
Willem F. DUISENBERG