Complaint against a penalty decision to the Land administrative court (Austria)
Published byDocMuse
This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
A complaint against an Austrian penalty decision (Straferkenntnis), for instance after a traffic offence, to the Land administrative court – in Vienna the Verwaltungsgericht Wien – lodged with the authority that issued the decision: with everything § 9 of the Austrian Administrative Court Procedure Act (VwGVG) requires (decision, authority, grounds, request, timeliness), evidence offered and a request for an oral hearing. Deadline: four weeks from service (§ 7 Abs 4 VwGVG). The penalty cannot be raised (§ 42 VwGVG); if the complaint fails, 20 % of the penalty is added in costs, at least € 10 (§ 52 VwGVG). In German.
What you fill in
The details the document asks for.
- Sender
- Sender's address
- Fines authority (name as on its letter)
- Fines authority's address (street and number, then postcode and town, each on its own line)
- City
- Date
- Administrative court of the Land where the penalising authority sits
- Case number
- Date of the penalty decision
- Date the authority's letter was served (if left at the post office: the first day it could be collected)
- Why the penalty decision is unlawful (facts, evidence, legal arguments), in German
- Evidence
- What you ask the court for: quash and discontinue, reduce the penalty, or both in the alternative
- Hearing: whether you ask for a public oral hearing before the court
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- By when and where is a complaint against a penalty decision lodged in Austria?
- Within four weeks of service (§ 7 Abs 4 VwGVG). The Land's administrative court decides – in Vienna the Verwaltungsgericht Wien, elsewhere the Landesverwaltungsgericht – but the complaint is lodged with the authority that issued the decision, which sends it to the court with the file (§ 12 VwGVG). A complaint lodged in time suspends the decision: the fine is due once the complaint has been decided, not before.
- What must a complaint to an Austrian Land administrative court contain under § 9 VwGVG?
- Unlike an objection, it must give reasons. § 9 VwGVG requires the contested decision and the authority that issued it to be named, the grounds on which it is said to be unlawful, what is asked for, and the details showing that it was lodged in time. If you want an oral hearing, ask for it in the complaint: where the complaint is only about the amount, or the fine is € 500 or less, the court may otherwise decide without one (§ 44 VwGVG).
- Can a complaint to an Austrian administrative court raise the penalty, and what does it cost?
- It cannot raise it: on your own complaint the administrative court may not impose a higher penalty (§ 42 VwGVG). But if the complaint fails, a further 20 % of the penalty is added as costs of the complaint proceedings, at least € 10 (§ 52 VwGVG), on top of the 10 % from the penalty decision. A regulation sets a flat fee of € 30 for complaints to the administrative courts; whether it applies in your case can be checked in the notice of remedies or by asking the authority.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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