2014 - Replacement Effort Regulation In Administrative Court Administrative Court Aufwersv

Original Language Title: VwGH-Aufwandersatzverordnung 2014 – VwGH-AufwErsV

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518. Regulation of the Federal Chancellor on the lump-sum of the rates of immigration in the proceedings before the Administrative Court (VwGH-Aufmigratsatzverordnung 2014-VwGH-AufwErsV)

On the basis of § 49 (1), (2) and (4), § 54 (2), § 55 and § 56 (1) of the Administrative Court Act 1985-VwGG, BGBl. No. 10/1985, as last amended by the Federal Law BGBl. I No 122/2013, shall be arranged:

§ 1. The amount of the flat-rate amounts to be paid as an immigrant rate pursuant to section 48 (1) to (3), section 54 (1) (1) (1), (55) and (56) (1) of the VwGG shall be determined as follows:

1.

On § 48 (1) Z 2 and 4, § 55 and § 56 (1) VwGG:

a)

Replacement of the expenses, which was connected to the auditor as obsietive party with the introduction of the revision by a lawyer (tax consultant or auditor) (submissions)

1106.40 Euro

In cases of an application for a deadline, provided that the requirements of § 56 (1), second sentence, VwGG are met, but only ........................................................................... 553,20 Euro

b)

Replacement of the other expenses, which was connected to the auditor as an obsietive party with the representation by a lawyer (tax adviser or auditor) in negotiations before the Administrative Court (negotiation expenses)

1383,00 Euro

c)

Replacement of the pledge in cases of seizure, provided that the conditions are met in accordance with § 55, second sentence, VwGG

829,80 Euro

2.

For § 48 para. 2 Z 1 and 3 VwGG:

a)

Replacement of the expense, which was connected to the party in the sense of Section 21 (1) (2) of the VwGG as an obsietive party with the introduction of the revision responsibility (submissions).

553,20 Euro

b)

Replacement of the other expense associated with the party in the sense of Section 21 (1) (2) of the VwGG as an obsietive party with the exercise of its party rights in negotiations before the Administrative Court (negotiation expenses)

691,50 Euro

3.

For § 48 para. 3 Z 2 and 4 VwGG:

a)

Replacement of the expenses associated with the participation of a co-participant as an obsietive party with the introduction of an audit response by a lawyer (tax advisor or auditor) (written record)

1106.40 Euro

b)

Replacement of the other expenses, which was associated with the representation by a lawyer (tax adviser or auditor) in negotiations before the Administrative Court for a co-participant as an obsietive party (negotiation expenses)

1383,00 Euro

4.

On § 54 (1) Z 1 VwGG:

a)

Replacement of the effort, which is for the party except the lit. b in the cases of Section 54 (1) (1) of the VwGG (Section 54 (1) of the VwGG) with the application for the resumption of proceedings (submissions)

553,20 Euro

b)

Replacement of the expenses associated with the party within the meaning of Section 21 (1) (2) of the VwGG in the cases of Section 54 (1) (1) of the VwGG with the application for the resumption of proceedings (submissions expenses)

276,60 Euro

§ 2. The amount of the flat-rate amounts to be replaced in accordance with Article 49 (4) VwGG as the residency costs shall be determined as follows:

The revision advertiser, the party within the meaning of section 21 (1) (2) of the VwGG and a co-participant as obsietive parties to cover the additional costs of food and catering, which are necessary for the stay at the seat of the administrative court, and Accommodation (cost of stay) is entitled to a flat-rate package, the amount of which is equal to 29.50 euros for 24 hours, and to an overnight stay, the amount of which is determined in a uniform manner at 50 euros. If the duration of the stay at the seat of the Administrative Court, including the duration of the journey, does not exceed eight hours, the entitlement to a flat-rate flat rate shall only be half-height; if it is less than five hours, there is no entitlement on a flat-rate meal.

§ 3. (1) This Regulation shall enter into force 1. Jänner 2014 in force; at the same time, the VwGH-Aufwandersatzverordnung 2008, BGBl. II No 455/2008, except for force.

(2) In the case of proceedings pending before the Administrative Court, in which no decision has been taken until the entry into force of this Regulation, the costs shall be calculated in accordance with the flat-rate amounts resulting from this Regulation.

Faymann