Complaint
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:
- the designation of the contested decision, the contested exercise of direct administrative authority and coercive power or the contested instruction,
- the name of the authority concerned,
- the grounds on which the allegation of illegality is based,
- the desire and
- 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.