Action Complaint

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An action complaint is a legal remedy created in Austrian administrative law about complaints from persons who claim that their rights have been violated by exercising direct administrative authority and coercive power ( Art. 130 para. 1 no. 2 B-VG ). In principle, the complaint must be submitted within six weeks to the competent administrative court in whose district this administrative act was placed (see Section 7 of the Administrative Court Procedure Act ).

The complaint must include the designation of the administrative act, the facts of the case, the reasons on which the allegation of illegality is based, the request to declare the contested administrative act illegal and the information necessary to assess whether the complaint is made is introduced in time.

costs

Pursuant to Section 35 of the Administrative Court Procedure Act, the prevailing party is to be reimbursed for the costs of the complaint proceedings due to the exercise of direct administrative authority and coercive power. Thus, the person affected by the exercise of direct administrative authority and coercive power must reimburse the authority for the costs if he cannot prove that the authority acted unlawfully and the complaint is rejected or rejected or is withdrawn by the complainant before the decision by the administrative court.

In principle, the losing party has to reimburse the following expenses upon request:

  • the commission fees and the cash outlays for which the complainant has to pay,
  • the travel expenses associated with exercising his party rights in negotiations before the administrative court, as well as
  • the lump sums to be determined by ordinance of the Federal Chancellor for the costs of writing, negotiation and submission.

A lump sum was set for the reimbursement of the costs incurred by the authorities, which corresponds to the average time required for submitting, writing and negotiating documents.

With the VwG Expense Compensation Ordinance, the following lump sums were set from January 1, 2014:

  1. Reimbursement of the complainant's written submissions as the winning party: 737.60 euros,
  2. Complaint for the complainant's negotiation costs as the winning party: 922.00 euros,
  3. Compensation for the submission costs of the authority concerned as the winning party: 57.40 euros,
  4. Reimbursement of the written submissions of the authority concerned as the winning party: 368.80 euros,
  5. Compensation for the negotiating effort of the authority concerned as the winning party: 461.00 euros,
  6. Reimbursement of the expenses associated with the complainant's application to reopen the proceedings (written expenses): 553.20 euros,
  7. Reimbursement of the expenses associated with the application for the reopening of the proceedings for the authority concerned (written expenses): 276.60 euros.

There is therefore a significant cost risk for a person concerned who files the complaint in Austria and cannot prove the violation of his rights by exercising direct administrative authority and coercive power.

Individual evidence

  1. ↑ Section 35 (5) of the Administrative Court Procedure Act: the amount of the written and the negotiation effort must correspond to the average cost of representation or the submission of the written statement by a lawyer .
  2. ↑ Long title: Ordinance of the Federal Chancellor on the flat rate of expense rates in proceedings before the administrative courts on complaints due to the exercise of direct administrative authority and compulsory power and complaints due to illegality of behavior by an authority in enforcement of the law (VwG-Expense Compensation Ordinance - VwG-AufwErsV) , BGBl. II No. 517/2013.