FAQ

When is the Federal Administrative Court competent, and when is a State Administrative Court?

Basically, the State Administrative Courts are competent to decide on the respective complaints, unless otherwise provided by the provisions of Article 130 (2) and (3) of the B-VG. Specifically, this means that the State Administrative Courts are particularly competent in matters that are executed in indirect federal administration or in state administration. For example, commercial matters are executed in indirect federal administration, which means that the locally competent administrative court of the state has jurisdiction in such matters.

The Federal Administrative Court decides in particular on complaints concerning matters executed in direct federal administration (e.g., customs, asylum).

If a matter is not executed in direct or indirect federal administration, the competence lies with the State Administrative Courts.

Questions
about a topic?

Then contact Michael Ibesich

Personal and
competent advice

Visitors who read this question
were also looking for...

What enforcement measures are available?

Can the enforcement order be contested?

Who is responsible for enforcement?

What is the purpose and subject matter of the enforcement procedure?

When can a complaint be submitted to the Constitutional Court?

When can an appeal be lodged?

What appeals can be made against decisions of the administrative courts?

What is a default complaint, and when can it be raised?

What is a measure complaint, and when can it be raised?

Insights from the IBESICH law firm

News from the firm and legal updates in Austria.