Federal Administrative Court

The Federal Administrative Court is a central court in Austria that reviews complaints against decisions and actions of administrative authorities. It ensures that state action is based on a lawful foundation and that citizens’ rights are not violated.

Proceedings before the Federal Administrative Court

Proceedings are generally initiated by filing a complaint. The most important types of complaints are:

• Complaint against a decision: against decisions of an administrative authority due to illegality.
• Complaint against measures: against acts of direct command and coercion.
• Complaint for failure to act: if an administrative authority violates its duty to decide.

As soon as a complaint is submitted to the Federal Administrative Court (complaints against measures are filed directly there), it is responsible for the entire procedure. From this point on, all written submissions must be filed directly with the court.

The assignment is made according to the rules of distribution of business, either to a single judge or to a panel. The court comprehensively reviews the contested decision or administrative act and decides within a statutory period, usually six months.

If a decision is not made, there is the possibility of a motion to set a deadline with the Administrative Court (§ 38 VwGG).

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Complaint Deadlines

• Complaint against a decision: generally four weeks
• Complaint against measures: generally six weeks

Deviations may arise from Union law or national provisions. The legal remedy notice is always decisive.

Filing of Complaints

• In principle, complaints must first be filed with the authority that issued the decision or failed to act.
• Only complaints against measures must be filed directly with the Federal Administrative Court.
• Only after submission by the authority is the court the direct point of contact for written submissions.

Submissions are generally subject to fees, unless a statutory exemption from fees is provided.

Form and Content of a Complaint

A complaint must contain:

• Designation of the contested decision or measure
• Designation of the authority concerned or the acting body
• Reasons for the alleged illegality
• a specific request
• Information on timeliness

In the case of complaints for failure to act, a request for issuance of the decision is sufficient. Incomplete complaints can be rectified by means of an order for improvement.

Mandatory Representation by an Attorney

There is no mandatory representation by an attorney before the Federal Administrative Court. Each party may represent themselves. However, it is free to authorize an attorney, which is particularly useful in more complex proceedings.

Access to Files

Complainants and their representatives have the right to inspect the files. They can make copies on site or request copies. Individual parts of the file may be excluded from inspection for reasons of public interest.

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Location and Accessibility

Federal Administrative Court – Head Office Vienna
Erdbergstraße 192–196, 1030 Vienna

Branch Offices

• Innsbruck – Werner-von-Siemens-Straße 7-9, 6020 Innsbruck
• Graz – Schlögelgasse 9, 8010 Graz
• Linz – Derfflingerstraße 1, 4020 Linz

Security Check

To protect all parties involved in the proceedings, a security control system is set up in the Federal Administrative Court, which ensures that only controlled persons are granted access. Therefore, all visitors must undergo a check when entering the building so that dangers can be identified and prevented in good time. Anyone who refuses this check will be denied access because a smooth and safe process in court can only be guaranteed in this way.

However, certain groups of people are excluded, in particular members of the judicial guard on duty or other bodies expressly provided for by law.

Your Benefits with Legal Assistance

Complaint proceedings before the Federal Administrative Court can be complex in terms of content and require precise knowledge of the legal framework. With our support, you benefit from:

• a well-founded examination of the prospects of success of your complaint,
• legally sound and fully formulated written submissions,
• effective representation in the proceedings,
• professional support with regard to deadlines and formal requirements.

This ensures that your rights are effectively protected and errors are avoided.

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