360. Regulation of the President of the Administrative Court on the electronic submission of pleadings and the transmission of copies of documents of the Administrative Court (VwGH-Electronic-Transport-Regulation-VwGH-EVV)
On the basis of § § 24a and 73 Administrative Court Act 1985-VwGG, BGBl. No 10/1985 in the version of BGBl. I No 122/2013 shall be arranged after hearing the General Assembly of the Administrative Court:
Electronic submission of pleadings and supplements to pleadings
§ 1. (1) The administrative court may, in accordance with technical possibilities, submit statements of pleadings and supplements to pleadings electronically in the following manner:
by means of electronic legal transactions;
on electronic delivery services in accordance with the provisions of the third paragraph. Section of the Delivery Act-ZustG, BGBl. No 200/1982 in the BGBl version. I No 33/2013;
Electronic forms available on the website www.vwgh.gv.at;
E-mail is not a valid form of electronic submission of pleadings within the meaning of this Regulation.
(2) In so far as lawyers, tax advisors or accountants or auditors do not bring statements in the electronic legal system, they have to certify in the input that the technical possibilities for participation in the electronic legal system are not available.
(3) Supplement to pleadings shall be introduced as separate annexes.
(4) Records of authorities are with an official signature (§ 19 of the eGovernment Law-E-GovG, BGBl. I n ° 10/2004 in the version of BGBl. I No 83/2013).
(5) Anyone who has written pleadings and supplements to pleadings by means of electronic legal transactions (par. 1) shall be used for the purpose of serving a transmission site published on the www.edikte.justiz.gv.at website.
(6) If the transmitting agency has taken over the data of the input for forwarding to the Bundesrechenzentrum GmbH, it shall inform the provider immediately and the date (day and time) of this feedback to the provider. , this date shall be transmitted with the data of the input.
(7) The Bundesrechenzentrum GmbH has to log when the data of the input arrived at it (day and time).
(8) Records and supplements to pleadings have been submitted with the data content, which has been handed over to Bundesrechenzentrum GmbH in accordance with the interface description.
(9) pleadings and supplements to pleadings in the electronic legal system (paragraph 1). 1), have to contain the entry code of the feeder or the single-person. § 7 of the Ordination of the Federal Minister for Justice on Electronic Legal Transport-ERV 2006, BGBl. II No 481/2005 in the BGBl version. II No 503/2012, it is appropriate to apply it.
Electronic transmission of copies of submissions of the Administrative Court and copies of written pleadings and supplements to written pleadings
§ 2. (1) Excerpts from the Administrative Court and copies of pleadings and supplements to pleadings may, in accordance with technical possibilities, be without prejudice to any other means of electronic delivery in accordance with the Provisions of 3. Section of the ZustG is also transmitted electronically by the application of a procedure within the meaning of § 1 (1) (1) (1) (1) to (2)
(2) Copies of documents issued by the Administrative Court and copies of pleadings and supplements to pleadings submitted by electronic means of law shall be used for the purposes of the heading code for the designation of the recipient or the recipient of the document. Receiver. Where a participant or participant is using the electronic legal services of a number of transmitting agencies, copies and copies of pleadings and contributions to written records shall be made available through the transmitting agency. to be transmitted electronically by the participant or by the participant. The transmitting agency has to disclose the date of the assignment to Bundesrechenzentrum GmbH.
(3) The transmitting agency shall record the date (day and time) at which the data has entered the electronic control area of the recipient or the recipient, and the Bundesrechenzentrum GmbH shall have the date and time for forwarding to the Administrative Court. The date and time at which the data has actually been received by the recipient or the recipient shall also be recorded and shall be notified to the Administrative Court on request; this Protocol shall be for at least three years. storage.
(4) The administrative court's signature of the Administrative Court (§ § 19 and 20 E-GovG) shall be subject to the extension of the discharge of the administrative court. Any use of the official signature of the Administrative Court shall be automatically recorded in a protocol indicating the name of the user or the user. This Protocol shall be kept for a period of at least three years.
§ 3. The President or the President shall have a description of the nature of the transmission of data, of the complete data structure, of the admissible formats, including the rules on the contents of the field, and of the rules governing the electronic legal system. (Interface description) for all types of documents on the www.vwgh.gv.at website. Documents submitted by electronic means of legal transport, or shall be in accordance with the description of the interface. The transmitting agency shall ensure that the pleadings and supplements to the pleadings and the copies of the discharge of the Administrative Court are only taken over and further processed when they are described in connection with the description of the interface .
§ 4. (1) The parties involved in the electronic introduction of pleadings and supplements shall, by means of appropriate technical and organisational measures, ensure that the input is made electronically only by the person or by the person who is to be submitted electronically. , which may be referred to in the entry as a feeder or a provider. In the case of the registration of a natural person as a provider or a provider to a transfer agency, the identity of the provider or the provider shall be checked by the person responsible for the registration.
(2) It is equally necessary to ensure that the data of documents referred to in § 2 can only be obtained from the area of disposal of the recipient or recipient of the service specified in the service, and before that abusive access.
(3) In order to ensure data integrity, every transmission in the electronic legal system (§ 1 para. 1 (1) (1)) must be encrypted. In order to ensure authenticity, all parties involved in the transfer are certificates issued by a certification service provider or a certification service provider according to § 2 Z 10 of the Signature Act-SigG, BGBl. I n ° 190/1999, as amended by the BGBl version. I No 75/2010, issued. In the communication between the transmitting agency and the Bundesrechenzentrum GmbH, certificates issued by the Bundesrechenzentrum GmbH can also be used.
Debiting and collection of the fee
§ 5. If the document is brought before the Verwaltungsgerichtshof in the course of electronic legal transactions, the fee judge or the charge judge shall have the account from which the input fee is to be drawn or an address code under which the fee shall be paid. An account for confiscation of the input fee must be provided. If the fee judge or the fee judge issues both an address code under which an account for confiscation of the input fee is stored, and an account for confiscation of the input fee, the input fee shall be that of the fee judge. Account to be entered. The debiting and the collection of the input fee must be carried out in the course of automation-supported data processing.
entry into force
§ 6. (1) This Regulation shall enter into force 1. Jänner 2015 in force. From this point in time, statements and supplements may be submitted electronically in accordance with the provisions of this Regulation, in respect of pleadings and confirmations of submissions of the Administrative Court. shall be forwarded. Furthermore, from this point on, the fee for entries which are introduced in the course of electronic legal transactions is to be paid by way of accounting and confiscation in the way of automated data processing.
(2) This Regulation shall not apply to procedures for which, according to transitional provisions (§ 79 para. 11 VwGG, BGBl. No 10/1985 in the version of BGBl. No 122/2013, § 4 (5) and § 8 Administrative Court Jurisdiction Transitional Act-VwGbk-ÜG, BGBl. I No 33/2013 in the version BGBl. I n ° 122/2013), the VwGG is to be applied further in the version in force until 31 December 2013.