AUSTRIA Law and Practice Contributed by: Bernd Rajal, Maximilian Klein and Moritz Üblagger, Schönherr Rechtsanwälte GmbH
the authority that issued the decision (Section 12 VwGVG). During the preliminary proceedings, the authority will specifically assess whether the formal requirements for the admissibility of the complaint have been met. If these requirements are not fulfilled, a rectification order must be issued (see 9.4 Evidence Required to Initiate a Claim ). Administrative courts are generally required to make decisions on applications and complaints without undue delay, but no later than six months after receiving them (Section 34 paragraph 1 VwGVG). However, this applies only if no other time limit is stipulated by law. If administrative regulations set a different decision deadline, that deadline takes precedence, regardless of whether it is shorter or longer than six months. Some exam - ples of shorter decision periods include the fol - lowing: 9.7 Expedited Proceedings General Time Limit for Decisions • matters related to the employment law of federal civil servants must be settled within three months; • decisions on appeals against declaratory decisions in environmental impact assess - ment matters must be made within six to eight weeks; • appeals against the revocation of driving licences must be settled within three months. Application to the Supreme Administrative Court to Set a Time Limit The Supreme Administrative Court handles applications for the establishment of a time limit when an administrative court has failed to meet its duty to decide (Article 133 paragraph 1 num - ber 2 B-VG). An application for a time limit can
only be submitted to the Supreme Administrative Court if the administrative court has not made a decision within six months, or within the speci - fied time period if it is shorter or longer. If the administrative court has not fulfilled its duty to decide, the Supreme Administrative Court must order the court to issue its decision within a rea - sonable period, as determined by the Supreme Administrative Court (Section 42a VwGG). 10. Grounds 10.1 Scope of Judicial Review: Merits v Process Merits and Process The complaint to an administrative court must specify the grounds on which the allegation of illegality of the contested decision is based (see 9.4 Evidence Required to Initiate a Claim and 9.5 Procedural Stages ). Within these grounds, a complaint can assert: • the unlawfulness of the content; • a lack of jurisdiction of the authority; or • a violation of procedural regulations. However, procedural errors can generally be remedied during the complaint proceedings. For example, a violation of the right to be heard during the proceedings before the administrative authority can be rectified by providing the oppor - tunity to make a statement before the adminis- trative court (Supreme Administrative Court, 29 February 2015, Ra 2014/07/0102). The grounds for the complaint do not need to have been previously raised during the proceed - ings before the administrative authority. They may also address issues that are raised for the first time in the complaint to the administrative court, as there is generally no prohibition on
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