Vwgh Electronic Traffic Regulation-Vwgh-Evv

Original Language Title: VwGH-elektronischer-Verkehr-Verordnung – VwGH-EVV

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_II_360/BGBLA_2014_II_360.html

360. Regulation of the President of the Administrative Court for the electronic contribution of pleadings and transmission of copies by riches of the Administrative Court (VwGH-electronic traffic regulation VwGH EVV)

On the basis of sections 24a and 73 Administrative Court Act 1985 - VwGG, Federal Law Gazette No. 10/1985 in the amended Federal Law Gazette I is no. 122/2013 prescribed after consulting the General Assembly of the Administrative Court:

Electronic transfer of pleadings and enclosures to pleadings

§ 1 (1) character sets and supplements to the pleadings may be filed electronically at the Administrative Court in accordance with technical possibilities in the following ways: 1. by way of electronic transactions;

2. about electronic delivery services according to the provisions of the 3rd section of the extra law - ZustG, Federal Law Gazette No. 200/1982 as amended by Federal Law Gazette I no. 33/2013;

3. on the site www.vwgh.gv.at accessible electronic forms;

4. by fax.

Email is not a permissible form of electronic transfers of pleadings in this regulation.

(2) if lawyers or lawyers, Steuerberaterinnen or tax advisor or Wirtschaftsprüferinnen or accountants not submit pleadings in electronic legal relations, they have to certify that the technical possibilities to participate in the electronic legal relations are not available in the input.

(3) side dishes to pleadings are to introduce separate attachments.

(4) written statements by authorities are an official signature (article 19 of the E-Government Act E-GovG, Federal Law Gazette I no. 10/2004 as amended by Federal Law Gazette I no. 83/2013) to provide.

(5) if written submissions and supplements to pleadings in the way of electronic transactions (para 1 subpara 1) brings, cases one on the site has been made known transmitting Agency to use www.edikte.justiz.gv.at.

(6) the transmitting Agency took over the data of type for transmission to the Federal Data Center GmbH, it shall immediately inform the bringer of the single or the consignors as well as log the date (day and time) this feedback; This date is to communicate with the data of input.

(7) the Federal Data Center GmbH has to log when the data of type when you have arrived (day and time).

(8) character sets and supplements to the pleadings are associated with the data content was passed according to the interface description in the Federal Data Center GmbH.

(9) briefs and pleadings, supplements in the way of electronic transactions (par. 1 Z 1) be brought, shall contain the address code of the bringer of one or of a provider. section 7 of the regulation of the Federal Minister for Justice on the electronic legal relations - ERV 2006, BGBl. No. 481/2005 in the version BGBl. II is no. 503/2012, apply by analogy to II.

Electronic transmission of copies by riches of the Administrative Court and copies of pleadings and enclosures to pleadings

2. (1) copies of transactions of the Administrative Court and copies of written submissions and supplements to the pleadings can be transmitted electronically Z 1 or 2 in accordance with technical possibilities of without prejudice to other possibilities of electronic delivery according to the provisions of the 3rd section of the ZustG also by application of a procedure within the meaning of § 1 para 1.

(2) copies of transactions of the Administrative Court and copies of pleadings and enclosures to pleadings submitted by way of electronic transactions, the address code is used to designate the recipient or the recipient's. Uses a participant or a participant in the electronic legal relations of several delivery points, copies of errands and copies of pleadings and enclosures to pleadings of that shall be electronically transmitting Agency, which was recently commissioned by the participant or the participant. The transmitting Agency has to announce the timing of the commissioning of Federal Data Center GmbH.

(3) the transmitting Agency has the date (day and time) arrived at which the data in the electronic available area of the recipient or the recipient's log and shall be sent to the Federal Data Center for transmission to the administrative court. The date (day and time), where the data actually were taken over by the recipient or by the recipient, is also to log and to announce the Administrative Court on request; This Protocol is for at least three years to be kept.

(4) copies of transactions of the Administrative Court are with the official signature of the Administrative Court (articles 19 and 20 E-GovG) to provide. Any use of the official signature of the Administrative Court is automatically in a log that indicates that the name of the user or the user's to keep. This Protocol is for at least three years to be kept.

Interface description

§ 3. The President or the President has a description of the type of data transmission, full data structure, the allowed leaflet formats including the rules on the contents of the field and the maximum scope for all types of documents on the website for the electronic legal transactions to disclose (interface description) www.vwgh.gv.at. Documents, which are introduced or communicated by way of electronic transactions have to match the interface description. The transmitting Agency has to ensure that written statements and supplements to the pleadings, as well as copies of transactions of the Administrative Court are only acquired and processed, if they comply with the description of the interface.

Data security

4. (1) on the electronic transfers of pleadings and side dishes involved have through appropriate technical and organizational measures to ensure that the input can be filed electronically only by those or one of is known as a bringer or consignors in the input. When you register a natural person as a bringer or consignors in a transmitting Agency, the identity of the bringer of one or of a provider is from this check.

(2) Similarly, it is to ensure that the data can be obtained and there are protected from improper access of documents within the meaning of section 2 only from the available area of the recipient specified in the delivery or the recipient specified in the delivery.

(3) in order to ensure data integrity has any transfer in electronic legal relations (§ 1 para 1 Z 1) encrypted to be carried out. To ensure the authenticity of a certification service provider or a certification service provider pursuant to section 2 are all certificates involved in the transfer, Z 10 of the signature law - SigG, BGBl. I no. 190/1999 as amended by Federal Law Gazette I no. 75/2010, are shown, to use. In the communication between the transmitting Agency and Federal Data Center GmbH, issued certificates can be used also by the Federal Data Center GmbH.

Charge and collect the fee

§ 5. Is the font set at the Administrative Court is introduced in the way of electronic transactions, the fees discharge judge or the fees hopper has the account from which the entry fee to collect is, or an address code, under which an account to collect the entry fee is stored, to specify. The charge-discharge judge or the fees funnel indicates an address code, under which an account to collect the entry fee is stored, as well as an account to collect the entry fee the entry fee from this account is to collect. The debit and the confiscation of the entry fee must be carried in the way of the automation-supported data processing.

Entry into force

6. (1) effective this regulation with 1 January 2015. At that time, briefs and pleadings and copies of transactions of the Administrative Court in accordance with this regulation supplements can be electronically filed or delivered. Furthermore is the fee for petitions, which are introduced in the way of electronic transactions to pay by direct debit and collect in the way of automation-supported data processing from that point.

(2) this regulation does not apply to proceedings, for which transitional provisions (§ 79 para 11 VwGG, Federal Law Gazette No. 10 / 1985 as amended by Federal Law Gazette I no. 122/2013, § 4 paragraph 5, and section 8 Verwaltungsgerichtsbarkeits transition law VwGbk LEL, Federal Law Gazette I no. 33/2013 as amended by Federal Law Gazette I no. 122/2013) the VwGG in force until the expiry of the 31 December 2013 amended further to apply is.

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