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ADMINISTRATIVE COURT

“There is much to suggest that judicial control of state action, in particular administrative action, plays a decisive role in ensuring its adherence to the rule of law, and thereby also its predictability and legal certainty.” (Oberndorfer, Die österreichische Verwaltungsgerichtsbarkeit [1983] 14). The Administrative Court - which dates back to the Imperial and Royal Administrative Court founded in 1875 - has been instrumental in turning Austria into a constitutional state through its decades of case law. Since the Administrative Jurisdiction Amendment 2012 (entry into force: 1 January 2014), it is no longer the decisions of administrative authorities that can be appealed to the Administrative Court, but now the findings of the administrative courts that decide on these decisions. This means that the Administrative Court ultimately still exercises "supervision" over the administration.

What we do: Preparing and filing an - ordinary or extraordinary - appeal to the Administrative Court is one of the most demanding tasks a lawyer can face. Justifying the admissibility of an appeal tricky; It becomes even more difficult if the appeal is combined with an "application for the granting of suspensive effect" in order to prevent the immediate execution of the contested act. Our specialists have conducted several hundred proceedings before the Administrative Court in recent years. You can benefit from our experience, our knowledge - and also from the creativity that also characterises us in this case. high end-area of Austrian law!

Our experts for conducting proceedings before the Administrative Court:

Dr. Katharina Huber-Medek
Attorney at law and founding partner
Dr. Walter Schwartz
Attorney at law and founding partner
Mag. Jacqueline Kachlyr-Poppe
Attorney at law
Mag. Stefanie Bardach
Attorney at law
Richard Hochreiner
Attorney at law

SHMP Schwartz Huber-Medek Partner Rechtsanwälte GmbH
Hohenstaufengasse 7
A-1010 Vienna

tel: +43.1.513 50 050
fax: +43.1.513 50 05-50
office@shmp.at