Default complaints are in the Austrian right complaints because of injury of the decision obligation by the administrative authorities (kind 132 Federal Constitutional Court).

If a party called the highest authority, it in the administrative proceedings (in the stage of appeal or in the Devolutionsweg) to call knew and if this authority hurt its decision obligation, the party has the right to call the administrative court (VwGH) because of injury of the decision obligation at the earliest after 6 months starting from the time, on which the request for decision in-arrived by the authority with this.

Default complaints are inadmissible in administrative criminal actions (excluded financial meeting things). The expiration of the decision period is to be certified, premature default complaints is to be rejected.

The sued authority under period setting from maximally three months the order is given by the VwGH to submit or state either the pending answer too issued and an execution the VwGH, why no injury of the decision obligation is present.

If the missed answer is issued, then the administrativejudicial procedure is to be stopped. At the end of the set period to the Nacholung of the missed answer the specific competence on the VwGH turns into. The VwGH decides therefore - contrary to the answer complaint - with the default complaint meritorisch, i.e. in the thing.

Articles in category "Default complaint"

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