AUSTRIA Law and Practice Contributed by: Bernd Rajal, Maximilian Klein and Moritz Üblagger, Schönherr Rechtsanwälte GmbH
Mandate Notice Generally, the relevant facts must be established through an investigation procedure before a decision is issued (Section 56 AVG). However, in certain cases, the authority is permitted to deviate from this principle and issue a decision without prior investigation (Section 57 AVG): • if the notice is intended to impose monetary payments based on a standard set by law, statute, according to tariff; or • in situations involving imminent danger, where measures cannot be delayed. Notices issued in this manner are known as “mandate notices” . An objection can be lodged with the authority that issued the decision within two weeks (Section 57 paragraph 2 AVG). After - wards, the authority must initiate an investiga - tion procedure. A complaint to an administrative court can only be filed after the authority has carried out the investigation and issued a notice. 9.3 Time Limits Administrative Courts The general time limit for filing a complaint against a decision of an administrative author - ity based on illegality is four weeks. This period begins on the day the decision is served on the complainant or the day of its oral announcement. In contrast, the time limit for lodging a complaint against acts of direct administrative command and coercive power based on illegality is six weeks (Section 7 VwGVG). This period begins when the affected person becomes aware of the exercise of such powers. Constitutional Court and Supreme Administrative Court The time limit for filing an appeal against a deci - sion of an administrative court to the Constitu -
The court is responsible for posing questions to the parties and witnesses, and the parties must have the opportunity to: • present their case; • question witnesses; • comment on the facts and applications pre - sented by others; and • respond to administrative investigations. 9. Time Limits and Preliminary Steps 9.1 Preliminary Requirements Preliminary Proceedings and Preliminary Complaint Decision Complaints against the decision of an admin - istrative authority must be submitted to the authority that issued the decision (Section 12 VwGVG). The administrative authority then has the right to resolve the complaint through a pre - liminary decision (Section 14 VwGVG). No Other Preliminary Requirements Apart from the above, Austrian administrative procedural law does not impose any additional preliminary requirements that must be fulfilled before lodging a complaint. In some cases, within a municipality’s own jurisdiction, there is an obligation to first lodge a complaint with the municipal council before appealing to an administrative court (see 1.1 General Rules or Specific Regimes? and 1.2 Forum for Judicial Review ). Only after the municipal council has issued its decision can a complaint be filed with an administrative court. 9.2 Exhausting Internal Appeals Challenges in Municipalities’ Own Jurisdictions
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