Amendment Of The Administrative Court Expenses Replacement Regulation 2014

Original Language Title: Änderung der VwGH-Aufwandersatzverordnung 2014

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_II_8/BGBLA_2014_II_8.html

8 regulation of the Federal Minister for constitutional and civil service, the VwGH effort replacement regulation 2014 modifies the

On the basis of § 79 paragraph 11 the last sentence of the Supreme Administrative Court Act of 1985 - VwGG, Federal Law Gazette No. 10 / 1985, and § 4 ABS. 5 fifth set of the Verwaltungsgerichtsbarkeits transitional law VwGbk LEL, Federal Law Gazette I no. 33/2013, each as amended by Federal Law Gazette I no. 122/2013, is prescribed:

The VwGH effort replacement regulation 2014 - VwGH-AufwErsV, Federal Law Gazette II No. 518/2013, is amended as follows:

1. pursuant to article 2, following sections 3 and 4 shall be inserted:

„§ 3. At the end of 31 December 2013 at the administrative court pending appeal procedure applies: 1 on the – in accordance with § 79 para 11 last sentence VwGG continue to be applied - § 48 para 1 to 3, 54 para 1 No. of 1, 55 paragraph 1 and to be 56 VwGG in force until the expiry of the 31 December 2013 amended as reimbursement of expenses paid lump sums is § 1 the VwGH effort replacement regulation 2008 , Federal Law Gazette II No. 455/2008, to apply.

2. the height of the after in accordance with § 79 para 11 last sentence VwGG continue to be applied – § 49 para to replace 4 VwGG in force until the expiry of the 31 December 2013 amended as subsistence lump sum amounts determined as follows: the appellant, the judge authority and a collaborator have claim to a Verpflegskostenpauschale as prevailing parties to cover the additional costs associated with their stay at the seat of the administrative court necessary for Board and lodging (subsistence) , the amount per 24 hours consistently with 29.50 euro and to an overnight allowance, the amount of which is determined uniformly with 50 euro. Does not exceed the duration of the stay at the seat of the Administrative Court including the duration of the trip of eight hours, the claim to Verpflegskostenpauschale only in half-height; It is less than five hours, no entitlement to a Verpflegskostenpauschale.

§ 4. On it in the process regarding revisions in accordance with § 4 para 1 to 3 of the Verwaltungsgerichtsbarkeits transitional law VwGbk LEL, Federal Law Gazette I apply by analogy to no. 33/2013, in the version of Federal Law Gazette I no. 122/2013, to be paid as reimbursement of expenses and to be replaced as the subsistence lump sums is section 3."

2. the previous section 3 receives the paragraph called "paragraph 5."; Paragraph 2 reads:

"No. 8/2014 II (2) sections 3 and 4, and the new paragraph designation of the previous section 3 as amended the regulation BGBl. at the end of the day of the announcement of this regulation into force."

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