AUSTRIA Law and Practice Contributed by: Bernd Rajal, Maximilian Klein and Moritz Üblagger, Schönherr Rechtsanwälte GmbH
9.5 Procedural Stages Submission of the Complaint: Grounds for Alleging Unlawfulness The grounds on which the allegation of illegality is based must be clearly stated in the complaint to the administrative court. The grounds for the complaint involve the party explaining why they are contesting the decision, either in terms of the facts assumed by the authority or the legal assessment. The complaint must clearly outline, even if the grounds are not ultimately valid, why the decision is being challenged and how the party believes they can defend their position. A general claim that the decision is unlaw - ful does not meet this requirement. To satisfy this, at a minimum, the complaint must assert an error that would make a different decision a reasonable possibility. Evidentiary Proceedings: Requests for Evidence If a complaint is admissible, the administrative court will generally initiate investigative proceed - ings, with a primary focus on the public oral hear - ing (see 8.3 Live Evidence and Cross-Exam- ination ). During the investigation process, the parties are free to submit motions for evidence or present evidence (Section 43 paragraphs 2 and 4 AVG, in conjunction with Section 17 VwG - VG). According to Section 46 AVG in conjunction with Section 17 VwGVG, any evidence that is relevant to establishing the facts and appropri - ate to the case at hand may be considered. (See 8.3 Live Evidence and Cross-Examination for more details.) 9.6 Initial Sifting Process Preliminary Proceedings As mentioned earlier in 9.1 Preliminary Require- ments , complaints against decisions made by administrative authorities must be submitted to
tional Court or the Supreme Administrative Court is six weeks (Section 82 paragraph 1 VfGG; Sec - tion 26 paragraph 1 VwGG). This period begins upon the service of the administrative court’s decision to the concerned party or its oral pro - nouncement. 9.4 Evidence Required to Initiate a Claim Content of the Complaint All complaints to administrative courts must include the following information, in accordance with Section 9 paragraph 1 VwGVG: • identification of the contested decision or exercise of direct administrative command and coercive power; • the name of the authority being challenged or an indication of which institution has taken the measure; • the reasons for alleging unlawfulness; • a request for the desired outcome; and • information regarding the timeliness of the complaint. If any of these elements are missing, the author - ity must issue a rectification order. If the deficien - cy is not corrected within the specified time, the authority has the right to reject the complaint. No Evidence Required In addition to the required content, no further information or evidence is necessary for the administrative court to initiate complaint pro - ceedings. Following this, the principles of ex offi - cio proceedings and arbitrary order apply (see 8.1 Disclosure/Discovery and 8.3 Live Evidence and Cross-Examination ). The provision of evi - dence is not a prerequisite for the admissibility of a complaint.
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