Appeal preliminary decision
A complaint preliminary decision is by the Austrian Administrative Procedure Law permissible decision form, after which the administrative authority concerned itself with a complaint against an act adopted by the authority decision Appeal decides. The legal basis is Section 14 of the Administrative Court Procedure Act , according to which the authority is free to revoke or amend the contested decision or to reject or reject the complaint within two months of receipt of the complaint by the authority concerned .
Pursuant to Section 15 of the Administrative Court Procedure Act, each party can submit a so-called application for a reference to the authority within two weeks of receiving the preliminary decision on the appeal . In this case, the complaint must be submitted to the competent administrative court for decision.
The Federal Fiscal Code provides a similar legal institution for the area of taxes and duties . A period of one month applies here for the submission of the application ( § 264 BAO ).
Appeal preliminary decision
A legal institution corresponding to the preliminary decision on the complaint provides for § 64a AVG for those cases in which an appeal can be lodged.
Until December 31, 2013, appeal was the common legal remedy against notices from authorities in first-instance proceedings, with the higher-level administrative body ( administrative instance ) or, from 1991-2013, the Independent Administrative Senate deciding on appeals in certain matters . Since January 1, 2014, however, a complaint to the Federal Administrative Court , a State Administrative Court or the Federal Finance Court has generally been provided as a legal remedy against notices . Since January 1, 2014, the preliminary appeal decision has only played a role in proceedings in matters within the municipality's own sphere of activity, since an appeal is only provided there as a legal remedy.
