!!!Verwaltungsgerichtshof

Administrative Court (Verwaltungsgerichtshof), one of the 3 High 
Courts, established in 1876, located in Vienna (in the former Bohemian 
Hofkanzlei building), monitors the legality of administrative acts. It 
is limited to controlling the legal justification of individual 
decisions, while appeals regarding violation of rights guaranteed by 
constitutional law or the application of unlawful general norms have 
to be addressed to the  Constitutional Court. Appeals to the 
Administrative Court are of the following types: "appeal against a 
notice of an order or a decision" ("Bescheidbeschwerde"): 
open to all persons who claim that their subjective right has been 
injured by an official notice ("Parteibeschwerde" - "party 
appeal") and to certain state organs in specific cases determined by 
law in order to maintain control of the objective legality of the 
administration ("Amtsbeschwerde" - appeal on the part of an 
administrative authority); a "default appeal" 
("Saeumnisbeschwerde") can be lodged by any party to 
administrative proceedings to claim that an authority has failed to 
meet its obligation to deliver a decision within the legally 
stipulated time; another type of appeal is the "appeal against an 
official instruction" ("Weisungsbeschwerde").

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The Administrative Court´s action is limited to setting aside 
decisions by lower authorities and only in default appeals can it give 
a ruling itself. Its decisions are final. There are several areas 
which are excluded from review by the Administrative Court, such as 
matters of patent law, matters in which appeals lie to a 
quasi-judicial collegiate authority, disciplinary matters regarding 
civil servants, and review of electoral votes. The legal basis is the 
1983 Administrative Court Act; members are regular judges who sit in 
panels.

!Literature
K. Ringhofer, Der Verwaltungsgerichtshof, 1955; P. 
Oberndorfer, Die oesterreichische Verwaltungsgerichtsbarkeit, 1983.


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