Originally from Collective Litigation in Europe: Law and Practice – Preview Page

1. INTRODUCTION

Liechtenstein is a small principality located between Switzerland and Austria. This geographical position is particularly reflected in Liechtenstein’s legal system, as it adopts both Swiss and Austrian law (reception). In a historical sense, the term “reception” traditionally refers to the adoption of Roman and Canon law during the Middle Ages and its continued influence into modern times. However, in this context, reception refers to the Principality of Liechtenstein adopting modern legal frameworks from Austria and Switzerland, thereby establishing its own legal foundations. 

For the purpose of this chapter, it is important to mention that Liechtenstein adopted the General Civil Code (Allgemeines Bürgerliches Gesetzbuch ABGB), the Code of Civil Procedure (ZPO), the Criminal Code (StGB), and the Criminal Procedure Code (StPO) from Austria. The Unfair Competition Act (Unlauterer Wettbewerb Gesetz UWG) was adopted from Switzerland but has significantly developed due to the influence of EEA/EU law (see below). As a matter of principle, adopted law is to be interpreted according to case law and literature in the country of origin (the Law in Action Doctrine). Over time, adopted legal acts have been amended. For example, Austrian property law in the General Civil Code was repealed and replaced by Swiss property law. Moreover, genuine Liechtenstein case law has developed, not insignificantly deviating from the case law in the country of origin. 

Furthermore, due to the EEA Agreement between the EU and the three EFTA states Liechtenstein, Iceland and Norway (Liechtenstein became a member of the EEA on May 1, 1995), EU law is applicable in Liechtenstein insofar it was made part of the EEA Acquis Communautaire. In connection with the EEA Agreement, the EFTA court was established to ensure judicial control of the EEA Agreement and applicable EU law in the EEA/EFTA States.