Complaint

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Austrian law decisions of the administrative authorities can be challenged at the administrative courts by means of a complaint ( Art. 130 para. 1 no. 1 B-VG ). Unless otherwise stipulated by law, the complaint pursuant to Section 7 VwGVG must be made within four weeks.

A notification complaint can only be made because of a violation of subjective rights ( Art. 132 para. 1 no. 1 B-VG ). In cases specified by law, however, public authorities or those not directly affected can also file a complaint ( Art. 132 Para. 1 Z 2 and Paragraph 5 B-VG ).

According to § 9 VwGVG, the complaint must contain:

  1. the designation of the contested decision, the contested exercise of direct administrative authority and coercive power or the contested instruction,
  2. the name of the authority concerned,
  3. the grounds on which the allegation of illegality is based,
  4. the desire and
  5. the information necessary to assess whether the complaint was filed in a timely manner.

The complaint must be submitted to the authority that issued the contested decision. A complaint that is admissible and submitted in good time usually has suspensive effect in accordance with Section 13 (1) VwGVG . Exceptions can result from the law or be ordered by the authority through notification.

In matters within the municipalities' own sphere of activity , an administrative instance can be provided for by law. In this case, an appeal is to be made against the decision of the municipality body responsible in the first instance . In this case, a complaint to the administrative court can only be admissible against the decision of the municipality body responsible in the second instance ( Art. 132 para. 6 B-VG ).

history

Before the entry into force of the administrative Gerichtsbarkeits amendment in 2012 who decided Administrative Court on notice symptoms. A complaint to the administrative court, however, presupposed - not only in matters of the municipality's own sphere of activity - the exhaustion of administrative instances. The Administrative Court was also unable to make a substantive decision on these matters. If the complaint could not be dismissed, he could only get the decision because of it

  • Illegality of the content or
  • Illegality due to the lack of competence of the authority concerned or
  • Illegality due to violation of procedural rules

cancel. After a repeal, the highest authority in the administrative body had to decide.