Verwaltungsgerichtsbarkeits Adjustment Act - Federal Ministry For Transport, Innovation And Technology

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz- Bundesministerium für Verkehr, Innovation und Technologie

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_96/BGBLA_2013_I_96.html

96. Federal law, with which the Federal Highway Act of 1971, the container security law, the driver's license law, the occasional Service Act 1996, the goods transport law 1995, the motor vehicles line Act, the road tunnel safety law, aviation law, the Federal law on foreign aircraft and air carrier security measures, the Federal Act on 2008 intergovernmental air traffic, maritime law, maritime law, the Railway Act 1957, the postal market Act, the Telecommunications Act 2003, the amateur radio law 1998, the radio operator certificate Act 1998, the Federal Act on radio equipment and telecommunications terminal equipment and the telephone fee grant Act 2000 (Verwaltungsgerichtsbarkeits - adjustment Act - Federal Ministry of transport , Innovation and technology) be changed

The National Council has decided:

Article 1

Amendment of the Federal Highway Act of 1971

The Federal Highway Act of 1971 (BStG 1971), Federal Law Gazette No. 286/1971, as last amended by Federal Law Gazette I no. 34/2013, is amended as follows:

1. in the table of contents is the entry "VI. authorities" added the phrase "and legal protection".

"2. in the table of contents will be after the entry" § 32 authorities "inserted the entries"section 32a to local resistance of the regional administrative court"and"§ 32 b suspensive effect"."

3. § 16 para 1 last sentence deleted.

4. § 20 para 3 first and second sentence reads:

"The appeal to the Administrative Court of the country is allowed against the decision of the Governor on the need, the subject matter and the scope of the expropriation. A complaint regarding the amount of compensation approved in the administrative way is inadmissible."

5. in title of VI, section is inserted after the word "Authorities" the phrase "and legal protection".

6 paragraph 32 along with heading:

"Authorities

32. authorities within the meaning of this Federal Act are



1. the Governor for all matters which are reserved not the Federal Minister for transport, innovation and technology, 2. the Federal Minister for transport, innovation and technology to the issuing of regulations and decisions reserved him under this Federal Act."

7. According to § 32, following §§ 32a and 32B with headings shall be inserted:

"Territorial jurisdiction of the district administrative court

Article 32a. Is a matter within the local powers of several administrative courts, the administrative courts is responsible, in whose jurisdiction is located the long section of road course of the set or to skip. Is no road axis is set, the territorial jurisdiction is determined according to the situation of the larger share of land through construction measures.

Suspensive effect

§ 32 b. § 13 para 2 and 22 paragraph 2 of the Administrative Court Procedure Act (VwGVG), Federal Law Gazette I no. 33/2013, no disproportionate disadvantage associated with the provision to apply, that the suspensive effect of an appeal against a decision under this Federal Act can be excluded even if the premature enforcement for compelling reasons of public interest is offered and after consideration of all affected interests, in particular of economic interest, with the enforcement or with the exercise of the authority granted by decision for the other parties would be."

8 the following paragraph 9 is added to. in article 34:

"(9) the table of contents, the title of VI section and the articles 20 para 3, 32, 32a and 32B as amended by Federal Law Gazette I no. 96/2013 occur on 1 January 2014 into force, at the same time occurs § 16 para 1 last sentence except force."

Article 2

Change the container safety act

The container security law - CSG, BGBl. No. 385/1996, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. paragraph 12 paragraph 1:

"(1) competent authority within the meaning of this federal law is not that different provisions included, the district administrative authority."

2. § 14a the following paragraph 3 is added:

"(3) section 12 para 1 as amended by Federal Law Gazette I no. 96/2013 1 January 2014 into force."

Article 3

Change of the driver's license law

The driver's license law (FSG), Federal Law Gazette I no. 120/1997, as last amended by Federal Law Gazette I no. 43/2013, is amended as follows:

1. in article 22, paragraph 1, the second sentence is omitted.

2. in article 22, paragraph 4, the last sentence is omitted.

3. in article 35, paragraph 1, the last two sentences are eliminated.

4. in article 36, paragraph 1, the last sentence is omitted.

5 22 the following paragraph is added to the section 43:

"(22) I will take no. 96/2013 article 22 para. 1 and 4, article 35, paragraph 1 and § 36 para 1 in the version of Federal Law Gazette 1 January 2014 effect."

Article 4

Amendment to the occasional Service Act 1996 - GelverkG

The occasional Service Act 1996, BGBl. No. 112, last amended by Federal Law Gazette I no. 32/2013, is amended as follows:

1 paragraph 6 deleted § 16.

2. paragraph 16 paragraph 7:

"(7) the authority responsible for the exchange of information in accordance with the provisions referred to in section 17 is that authority, which has led the underlying procedure."

The following paragraph 5 is added to § 3. 21:

"(5) the Elimination of section 16, paragraph 6 and section 16 paragraph 7 as amended by Federal Law Gazette I no. 96/2013 with 1 January 2014 into force."

Article 5

Change of the goods transport law 1995 - GütbefG

The goods transport law 1995, BGBl. No. 593, last amended by Federal Law Gazette I no. 32/2013, is amended as follows:

1 paragraph 7 eliminates § 20.

2. paragraph 20 paragraph 8:

"(8) the authority responsible for the exchange of information in accordance with the provisions referred to in section 22 is that authority, which has led the underlying procedure."

3. § 21a and heading is as follows:

"Revision

§ 21a. The Federal Minister or the Federal Ministry for transport, innovation and technology can raise revision because of illegality before the administrative court against the findings of the administrative courts of the countries."

4. § 28 the following paragraph 4 is added:

"(4) the omission I will take no. 96/2013 § 20 paragraph 7, section 20 para 8 and § 21a and heading in the version of Federal Law Gazette 1 January 2014 effect."

Article 6

Modification of the force driving line law - KflG

The Federal Act on the moderate line transport of persons with motor vehicles (motor vehicles line Act - KflG), Federal Law Gazette I no. 203/1999, as last amended by Federal Law Gazette I no. 32/2013, is amended as follows:

1. in the table of contents, the term does not apply in section II "section 21 appeal rights".

2. in the table of contents, the designation is in section VI "§ 50 official complaint" by the term "§ 50 revision" replaced.

3. § 21 together with the header is omitted.

4. paragraph 50 together with the heading:

"Revision

§ 50. The Federal Minister or the Federal Ministry for transport, innovation and technology can raise revision because of illegality before the administrative court against findings of administrative courts of countries on decisions of the Governor or the Governor."

5. after section 51, paragraph 4, the following paragraph 5 is inserted:

"(5) the scrapping of section 21 together with heading and the amendment of § 50 and heading as amended by Federal Law Gazette I 96/2013 contact no. 1 January 2014 into force."

Article 7

Change of road tunnel safety law

The road tunnel safety law (STSG), Federal Law Gazette I no. 54/2006, last amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. in the table of contents will be after the line "section 13 authority jurisdiction" inserted the rows "§ 13a territorial jurisdiction of the district administrative court" and "§ 13 b suspensive effect"; the line "article 17 in force" is the line "article 17 entry into force, expiry of transitional provisions" replaced.

2. According to section 13, following § 13a and 13B together with headings shall be inserted:

"Territorial jurisdiction of the district administrative court

§ 13a. Is a matter within the local powers of several administrative courts, the administrative courts is responsible, in whose jurisdiction is located the long section of the tunnel.

Suspensive effect

§ 13 b. § 13 para 2 and 22 paragraph 2 of the Administrative Court Procedure Act (VwGVG), Federal Law Gazette I no. 33/2013, no disproportionate disadvantage associated with the provision to apply, that the suspensive effect of an appeal against a decision under this Federal Act can be excluded even if the premature enforcement for compelling reasons of public interest is offered and after consideration of all affected interests, in particular of economic interest, with the enforcement or with the exercise of the authority granted by decision for the other parties would be. This does not apply in proceedings according to § 14."

3. the heading of article 17 is as follows:

"Entry into force, expiry of transitional provisions"

4. § 17 the following paragraph 4 is added:

"I no. 96/2013 13 b in the version of Federal Law Gazette (4) the table of contents and section 13a and article into force on January 1, 2014."

Article 8

Amendment to the aviation law

The Aviation Act, Federal Law Gazette No. 253/1957, as last amended by Federal Law Gazette I no. 77/2012, is amended as follows:


1 in § 120c para 1 last sentence is omitted the phrase "immediate parent instance and".

2. in the heading to § 140, the phrase "and appeal" is omitted.

3. in article 140, paragraph 1, the phrase "and immediate parent instance" does not apply.

4. in section 140 accounts for the para 1a and 2, the previous paragraph 3 and 4 receive the designation (2) and (3).

5. in paragraph 140, the second and third movements are replaced para 2 by the following sentence:

"The Federal Minister for transport, innovation and technology is concerned authority objectively, he has to exert the supervision and the right of instruction."

6. in paragraph 173, 36 the following paragraph shall beadded:

"(36) §§ 120 c para 1, § 140 along with heading and paragraph 140 b para 2, each as amended by Federal Law Gazette I no. 96/2013, with 1 January 2014 into force."

Article 9

Amendment of the Federal law on foreign aircraft and air carrier security measures

The Federal law on security measures at foreign aircraft and air carriers, Federal Law Gazette I no. 55/2010, is amended as follows:

1. in article 3, paragraph 1 the following sentence is added:

"The Austro Control GmbH is subject to the supervision and direction of the Federal Ministry of transport, innovation and technology."

2. paragraph 3 is omitted § 3.

3. in paragraph 16 of the previous text receives the sales designation (1); After that the following paragraph 2 is added:

"(2) section 3 in the version of Federal Law Gazette I 96/2013 is no. 1 January 2014 into force."

Article 10

Amendment of the Federal law on the intergovernmental air transport 2008

The Federal Act on the intergovernmental air traffic in 2008, Federal Law Gazette I no. 96, amended by Federal Law Gazette I no. 89/2009, is amended as follows:

1. in the heading to § 20 eliminates the phrase "and appeal".

2. in paragraph 20, the phrase "and immediate parent instance" is omitted.

3. in article 23 the following paragraph 5 is added:

"(5) § 20 and heading in the version of Federal Law Gazette I 96/2013 is no. 1 January 2014 into force."

Article 11

Amending the Shipping Act

The Shipping Act, Federal Law Gazette I no. 62/1997, amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the section 37, paragraph 1, article 86, paragraph 1, article 96, paragraph 1, article 113, paragraph 1, article 137, paragraph 1 and article 146, paragraph 1, in the half sentence, as well as in the section 71, paragraph 1 the phrase "first instance" accounts for each.

2nd paragraph 2, section 71, paragraph 2, § 86 para. 2, § 96 para 2, § 113 paragraph 2, article 137, paragraph 2 and article 146, paragraph 2 account for § 37.

3. in the section 86, paragraph 3 and article 113, paragraph 3, the phrase "in the first instance" by the expression is each "pursuant to par. 1 Z 1" replaced.

4. in the section 86, paragraph 4 and article 134, paragraph 2, the phrase "in the first instance" eliminates each.

5 10 the following paragraph is added to article the 149:

"I 96/2013 contact no. (10) sections 37, 71, 86, 96, 113, 134, 137, and 146 respectively as amended by Federal Law Gazette 1 January 2014 into force."

Article 12

Amendment to the maritime law

The maritime law, BGBl. No. 174/1981, as last amended by Federal Law Gazette I no. 46/2012, is amended as follows:

1. in the section 55, paragraph 1, the expression "first instance" is omitted. § 55 section 2 is omitted.

The following paragraph 5 is added to § 2. 59:

"(5) paragraph 55 in the amended BGBl. I 96/2013 is no. 1 January 2014 into force."

Article 13

Amendment to the Railway Act of 1957

The Railway Act 1957, BGBl. No. 60, last amended by Federal Law Gazette I no. 40/2013 is amended as follows:

1. § 12 ABS. 4 last sentence deleted.

2. in the section 13a, paragraph 3, the expression "Accident investigation authority" is replaced by the expression "Safety investigation authority of the Federal Government".

3. in article 13, the term "Accident investigation authority" b is replaced by the expression "Safety investigation authority of the Federal Government".

4. in the section 19a, paragraph 1, the expression "accredited bodies" is replaced by the expression "accredited conformity assessment bodies".

5. in the section 19c, the term "Accident investigation authority" is replaced by the expression "Safety investigation authority of the Federal Government".

6. in the section 21c para 2 Z 4 the expression "Accident investigation authority" replaced with the expression "Safety investigation authority of the Federal Government".

7. in the section 30a para 1 No. 1, the expression "Accident investigation authority" is replaced by the expression "Safety investigation authority of the Federal Government".

8. in the section 31a para 2 subpara 2 is the term "accredited bodies" replaced by the expression "accredited conformity assessment bodies".

9. in section 32a subsection 6 Z 2 the phrase is replaced "Accredited bodies or notified bodies" by the phrase "accredited conformity assessment bodies or notified bodies".

10. in § 33a paragraph 2 No. 2 the phrase is replaced "Accredited bodies or notified bodies" by the expression "accredited conformity assessment bodies or notified bodies".

11. in § 37a para 5, the expression "accredited bodies" is replaced by the expression "accredited conformity assessment bodies".

12 first sentence is § 39 c:

"The furnished security management system by a is in accordance with the Federal law on the accreditation of conformity assessment bodies (accreditation Act 2012 - AkkG 2012), BGBl. I 28/2012, appropriately accredited conformity assessment body certification No.."

13. in § 40 paragraph 5 the term "accredited bodies" is replaced by "conformity assessment bodies accredited the expression" Z 2.

14 § 78 and heading is as follows:

"Proceedings

78. (1) the Schienen-control GmbH applies during the administrative procedure the General Administrative Procedure Act 1991 - AVG, Federal Law Gazette No. 51/1991, to, unless this Act provides otherwise.

(2) jurisdiction to recognize about a complaint against an administrative decision of Schienen-control GmbH and breach their duty of decision is the Federal Administrative Court.

(3) appeals against decisions of Schienen-control GmbH, in accordance with section 75 and, as far as a connection with this provision consists, also pursuant to article 77 paragraph 3 have been adopted, have by way of derogation from article 13 of the Administrative Court Procedure Act (VwGVG), Federal Law Gazette I no. 33/2013, no suspensive effect. The Federal Administrative Court can however admit the suspensive effect of the appeal decision if a serious and to cause irreparable damage would be connected after consideration of all affected interests with the enforcement of the decision or exercise of the permission granted by the decision for the complainant and the complainant has applied for granting the suspensive effect of the appeal in the appeal. In this case the Schienen-control GmbH has to submit the complaint by connecting the files of proceedings to the Federal Administrative Court immediately. The Federal Administrative Court has applied for granting the suspensive effect of the appeal without immediately choose another procedure and Schienen-control GmbH, if this not issued a preliminary decision by appeal, to set aside the files of proceedings.

(4) new facts or evidence can in accordance with § 75 in a complaint against an administrative decision of Schienen-control GmbH, and, as far as there is a connection with this provision, also according to § 77 para 3 was issued only in so far as put forward as she could not tell the complainant in the administrative procedure."

15. the 2 main piece in the 7th part is as follows:

"2. main piece

Schienen-Control Commission

Establishment of rail-Control Commission

Section 81 (1) of Schienen-control GmbH is established a Schienen-Control Commission.

(2) the rail Control Commission the responsibility you in 3, 5 up to 6 b as well as responsibilities assigned in the 9 part of this Federal Act (§§ 22a, 53 c, 53f, 57B, 64 para 5, 65e para 4, 72, 73, 74, 75a para 3, 75e, 78 b-154). In the Affairs of sections 53e para 2, 75 paragraph of 2, 77 paragraph of 3 and 80 paragraph 1 is objectively consider upcoming federal authority within the meaning of §§ 5 and 68 AVG. Enforcement of her assignments, it is entitled to grant injunctions decision.

(3) the management of the rail Control Commission is of Schienen-control GmbH. In the scope of their activities for the rail Control Commission is bound to the staff of Schienen-control GmbH the instructions of replacement member acting in his place or on the other hand, the Member referred to in the rules of procedure, on the one hand of the Member shall be in Chair or replacement member acting in his place.

(4) the rail Control Commission is obliged to inform the Federal Ministry of transport, innovation and technology on request, on all items of its management. Would by a required briefing an intervention in the case-law of the rail Control Commission result, she may be refused Commission from the rail control.

Composition of Schienen-Control Commission


82. (1) the rail Control Commission consists of three members. For each Member, order a replacement member. The substitute member occurs in preventing a member in his place. A member and the alternate member appointed for this member have to belong to the judiciary; They shall be appointed by the Federal Minister of Justice. The remaining members and the substitute members appointed for them have become specialists in the relevant areas of transport; they are about the proposal of the Federal Ministry of transport, innovation and technology of the Federal Government to order.

(2) the rail Control Commission may not include:



1. members of the Federal Government or a State Government, as well as Secretaries of State;

2. Commission claim persons who are in a legal or factual close to those, take an activity of Schienen-control;

3. persons who are not eligible to the National Council.

(3) the members and alternate members of Schienen-Control Commission is appointed for a term of five years. You have to exercise at the end of this term of Office until its reoccupation. May be reappointed. A member or an alternate member, before the expiry of the order is eliminated, a new Member or alternate member is under application of paragraph 1 for the duration of the order to order.

(4) the membership or replacement membership expires:



1 because of death of a member or substitute member.

2. due process of the order duration of a member or substitute member.

3. due to abandonment of a member or substitute member.

4. for a member with all other members, finding that the Member due to severe physical or mental infirmity to a proper exercise of the function is incapable;

5. for a replacement member of members, noting that the replacement member due to severe physical or mental infirmity to a proper exercise of the function is incapable;

6. for a member with all other members, noting that the Member has followed no invitations to three consecutive meetings without sufficient excuse

7. for a replacement member of the members, noting that the replacement member; did no invitations to three consecutive meetings without sufficient excuse

8. for the Court and the judicial replacement member due to withdrawal from the judiciary.

(5) the members and the substitute members shall B-VG according to article 20 paragraph 3 to maintain secrecy.

Decision-making and rules of procedure

83. (1) the judicial member, at his Indespensability on alternate member acting in his place, in the rail-Control Commission chairs. The attendance of alternate members at meetings of Schienen-Control Commission is also permitted if they do not occur in the place of a member.

(2) decisions of Schienen-Control Commission are taken by majority vote; Abstention is not permitted.

(3) the rail Control Commission has to give rules of procedure, one of its members can be entrusted with the leadership of the current business, including issuing procedural rulings.

(4) the members and the substitute members appointed for them are independent and bound by any instructions in the performance of their duties.

Procedural provision

84. (1) unless otherwise determined in this Federal Act, the rail Control Commission has to apply the AVG.

(2) jurisdiction over a complaint against an administrative decision by the rail Control Commission and to detect, due to breach of the obligation of their decision, the Federal Administrative Court is.

(3) appeals against decisions of Schienen-Control Commission, in accordance with sections 72, 73, 74 and, as far as a connection with these provisions is, also according to § 81 paragraph 2 were adopted, have by way of derogation from § 13 of the Administrative Court Procedure Act (VwGVG), Federal Law Gazette I no. 33/2013, no suspensive effect. The Federal Administrative Court can however admit the suspensive effect of the appeal decision if a serious and to cause irreparable damage would be connected after consideration of all affected interests with the enforcement of the decision or exercise of the permission granted by the decision for the complainant and the complainant has applied for granting the suspensive effect of the appeal in the appeal. In this case the Schienen-Control Commission has to submit the complaint by connecting the files of proceedings to the Federal Administrative Court immediately. The Federal Administrative Court has applied for granting the suspensive effect of the appeal without immediately choose another procedure and the rail Control Commission if they not issued a preliminary appeal decision, reset the files of proceedings.

(4) new facts or evidence can in accordance with sections 72, 73, 74 in an appeal against an administrative decision by the rail-Control Commission, and, as far as there is a connection with these terms and conditions, also pursuant to § 81 paragraph 2 was adopted, only insofar as to be made, as she could not tell the complainant in the administrative procedure.

(5) article 34, paragraph 1 is VwGVG, first sentence, shall apply, that complaints against decisions of Schienen-Control Commission, in accordance with sections 72 and 73 and, insofar as there is a connection with these terms and conditions, also in accordance with section 81, paragraph 2 adopted, without undue delay, but no later than two months after their receipt to be decided.

(6) the Federal Administrative Court rules on appeals in those cases in which the rail Control Commission is charged authority by Senate.

Costs and compensation of members

§ 85. Schienen-control members are entitled to reimbursement of reasonable travel expenses and cash expenditure and an attendance Commission. The Federal Minister for transport, innovation and technology can in agreement with the Federal Minister of finance in accordance with the scope of the rail control through regulation, flat-rate amounts for the attendance fee set Commission besorgenden duties."

16 § 92 para 1 subpara 1 is:



"1 as a result of the accreditation Act 2012 to be approached accredited, in accordance with paragraph 2 notified conformity assessment bodies or" 17. In the article 92, paragraph 2, the term "accredited bodies" is replaced by the expression "accredited conformity assessment bodies".

18 paragraph 114 paragraph 1:

(1) that rail infrastructure Dienstleistungsgesellschaft mbH has to decide on applications for registration of rolling stock in the setting tab, to apply to change the entries in the register of the setting or on withdrawal of an already existing entry in the register the AVG. A complaint against an administrative decision issued by the rail infrastructure services company mbH is wholly or partially eligible has to insist that the rail infrastructure services company mbH is obliged to comply with the appeal to the extent of their authority. the realization of the Handelshof about the complaint"

19. in the section 115, paragraph 1, the expression "Accident investigation authority" is replaced by the expression "Safety investigation authority of the Federal Government" Z 8.

20 paragraph 121 paragraph 1:

'(1) a maintenance centre for goods wagons this activity only exercised, if she have a certificate of maintenance points which exhibit is, by a conformity assessment body 2012 accordingly accredited in accordance with accreditation Act has, in the designated is that its maintenance system for wagons adopted measure to introduce a certification system by the European Commission in accordance with Article 14a paragraph 5 of Directive 2004/49/EC.'

21. in section 121 paragraph 2, the expression "notified body" is replaced by the expression "accredited conformity assessment body".

22. in article 130, eliminates the para 4 and is the para 3:

"(3) the Federal Minister for transport, innovation and technology can the rail infrastructure services society mbH and railway undertakings issue instructions to the exercise of its powers (para. 1 and 2)." "In the matters referred to in paragraphs 1 and 2 of the Federal Minister for transport, innovation and technology is objectively consider upcoming federal authority within the meaning of §§ 5 and 68 AVG."

23. in paragraph 158, the expression "Accident investigation authority" is replaced by the expression "Safety investigation authority of the Federal Government" Z 8.

24. in section 161, the expression "Accident investigation authority" is replaced by the expression "Safety investigation authority of the Federal Government" No. 6.

25. in section 162 para 6, no. 3 is omitted the phrase "up to a maximum of EUR 70, and deal with other administrative offences with penal institution orders up to a maximum of 36 euros".

26. in the headings to paragraphs 174 to 176, the phrase "to the Federal Act" is replaced by the phrase "to the novel".

27. in paragraph 174, the sales designation (1) and paragraph 6 and 7 are eliminated.

28. in paragraph 176, the 8 and 9 are eliminated.

29. According to § 176, 176a the following paragraph and heading shall be inserted:

"Transitional provisions to the Act Federal Law Gazette I no. 96/2013"


section 176a. (1) in accordance with section 82 para 1 as amended by Federal Law Gazette I no. 50 / 2012 appointed members and alternate members of the rail Control Commission apply until the end of your order as referred to in section 82 para 1 as amended by Federal Law Gazette I no. 96/2013 appointed members and alternate members of the newly established Schienen-Control Commission.

"(2) until the new issuing of a regulation the regulation of the Federal Minister for transport, innovation and technology of the attendance fees of Schienen-control is on Commission, Federal Law Gazette II No. 108/2012, for the participation of members meetings of the newly established Schienen-Control Commission to apply."

30. the section 178 be attached following paras 11 and 12:

"(11) section 162 para 6 Z 3 as amended by Federal Law Gazette I no. 96/2013 effective with July 1, 2013."

(12) section 78, including heading, the second major piece in the 7th part (sections 81 to 85 with headings), article 114, paragraph 1, article 130, para. 3, article 176a including heading, and the entries to articles 78 and 84, 176a of table of contents page in the version of Federal Law Gazette I no. 96/2013, take effect from 1 January 2014. At the same time step article 12 par. 4. last sentence and section 130 (4) override"

31. in the table of contents is the entry for section 78:

              "§ 78. procedural rules"

32. in the table of contents is the entry for section 84:

              "§ 84. procedural rules"

33. in the table of contents is the entry to the 3 main pieces in the 8 part:

"3 main units: infrastructure register"

34. in the table of contents are the entries to articles 174 to 176:

              "§ 174. transitional provisions to the Act Federal Law Gazette I no. 38/2004"

              § 175. transitional provisions to the Act Federal Law Gazette I no. 125/2006

              § 176. transitional provisions to the Act Federal Law Gazette I no. 25/2010 "

35. in the table of contents, the following entry is inserted after the entry to § 176:

              "article 176a. Transitional provisions to the Act Federal Law Gazette I no. 96/2013 "

Article 14

Amendment of the postal market Act

The postal market Act, Federal Law Gazette I no. 123/2009 is amended as follows:

1. in the table of contents will be after the line "section 44 procedural rules, appeal" the row "§ 44a proceedings before the Federal Administrative Court" inserted.

2. in article 37, paragraph 4 is replaced by the sentence "The independent administrative panel of appeal Vienna decides appeals pursuant to § 51 VStG" "against decisions of postal authority I instance and appeal to the Federal Administrative Court may be brought for breach of their duty of decision in administrative matters."

3. paragraph 44 paragraph 3:

"(3) against decisions of the post control Commission and breach their duty of decision in administrative cases appeal to the Federal Administrative Court may be raised."

4. According to article 44, the following article 44a and heading shall be inserted:

"Procedure before the Federal Administrative Court

§ 44a. (1) appeals against decisions of regulatory authorities have by way of derogation from article 13 VwGVG, Federal Law Gazette I no. 33/2013, no suspensive effect. The Federal Administrative Court (art. 131 paragraph 1 B-VG) can grant the suspensive effect in the proceedings at the request, if after consideration of all affected interests with the enforcement of the decision or exercise of the permission granted by the decision for the appointment seekers, a serious and to cause irreparable damage would be connected.

(2) the Federal Administrative Court rules on appeals in cases where the post-control-Commission is charged authority (§ 6 para 2 VwGVG), through the Senate.

(3) the regulatory authority within the proceedings said the pre-trial AVG according to § 39 para 3 closed the legal consequence caused by § 44 par. 2 also in proceedings before the Federal Administrative Court shall apply.'

5 the following paragraph 4 is added to § the 64:

"I 96/2013 No. (7) the table of contents and section 37 (4) and article 44, para. 3 and § 44a in the version of Federal Law Gazette into force on January 1, 2014."

Article 15

Amendment of the Telecommunications Act 2003

The 2003 Telecommunications Act, Federal Law Gazette I no. 70/2003, as last amended by Federal Law Gazette I no. 102/2011, is amended as follows:

1. in the table of contents will be after the entry "§ 121 rules of procedure, appeal" the entry "section 121a proceedings before the Federal Administrative Court" inserted.

2. in article 113, paragraph 5, the comma is replaced after no. 2 by a point, and it eliminates the Z 3.

3. According to article 113, paragraph 5, the following paragraph 5a is inserted:

"(5a) notices of the Federal Minister and the Federal Minister for transport, innovation and technology, the telecommunications offices and the offices of radio equipment and telecommunications terminal equipment and due to injury their (his) obligation of decision in administrative matters may be raised against appeal to the Federal Administrative Court."

4. paragraph 121 paragraph 5:

"(5) against decisions of the Telekom-Control Commission and breach their duty of decision in administrative cases appeal to the Federal Administrative Court may be raised."

5. According to § 121, the following section 121a and heading shall be inserted:

"Procedure before the Federal Administrative Court

section 121a. (1) appeals against decisions of regulatory authorities have by way of derogation from article 13 VwGVG, Federal Law Gazette I no. 33/2013, no suspensive effect. The Federal Administrative Court (art. 131 paragraph 1 B-VG) can grant the suspensive effect in the proceedings at the request, if after consideration of all affected interests with the enforcement of the decision or exercise of the permission granted by the decision for the appointment seekers, a serious and to cause irreparable damage would be connected.

(2) the Federal Administrative Court rules on appeals in those cases in which the Telekom-Control Commission is involved (§ 2 VwGVG), through the Senate.

(3) the regulatory authority within the proceedings said the pre-trial AVG according to § 39 para 3 closed the legal consequence caused by section 121 (4) in proceedings before the Federal Administrative Court shall apply.'

6 the following paragraph 7 is added to § the 137:

"I 96/2013 No. (7) the table of contents and section 113 para. 5 and 5a and section 121, para. 5 and section 121a in the version of Federal Law Gazette into force on January 1, 2014."

Article 16

Amendment of the amateur radio Act 1998

The 1998 amateur radio Act, Federal Law Gazette I no. 25/1999, as last amended by Federal Law Gazette I no. 32/2002, is amended as follows:

1. paragraph 26 paragraph 2:

"(2) against decisions of the Minister of the Federal bzw.der Federal Minister for transport, innovation and technology, as well as the telecommunications offices and breach their can be subject to appeal to the Federal Administrative Court (his) obligation of decision in administrative matters."

The following paragraph 4 is added to § 2. 32:

"(4) section 26 para 2 as amended by Federal Law Gazette I no. 96/2013 into force on January 1, 2014."

Article 17

Amendment of the radio operator certificate Act 1998

The 1998 Funker testimony Act, Federal Law Gazette I no. 26/1999, as last amended by Federal Law Gazette I no. 32/2002, is amended as follows:

1. According to article 19, para. 3 the following paragraph 4 is added:

"(4) against decisions of the Federal Minister and the Federal Minister for transport, innovation and technology, as well as the telecommunications offices and breach of their (his) obligation of decision in administrative matters may be raised appeal to the Federal Administrative Court."

The following paragraph 4 is added to § 2. 24:

"(4) section 19 (4) as amended by Federal Law Gazette I no. 96/2013 into force on January 1, 2014."

Article 18

Amendment of the Federal Act on radio equipment and telecommunications terminal equipment

The Federal Act on radio equipment and telecommunications terminal equipment FTEG, Federal Law Gazette I no 134/2001 as last amended by Federal Law Gazette I no. 133/2005, is amended as follows:

1. paragraph 13 paragraph 2:

"(2) against decisions of the Office of radio equipment and telecommunications terminal equipment and the telecommunications offices due to injury their (his) obligation of decision in administrative matters may be brought complaint to the Federal Administrative Court."

2. the previous section 21 receives the description of paragraph (1), the following paragraph 2 is added:

"(2) section 13 para 2 as amended by Federal Law Gazette I no. 96/2013 into force on January 1, 2014."

Article 19

Change of the telephone fee grant Act 2000

The telephone fee subsidy law, BGBl. No. 142/2000, amended by Federal Law Gazette I no. 111/2010 is amended as follows:

1. paragraph 9 paragraph 6:

"(6) against decisions of GIS fees Info Service GmbH and breach their duty of decision in administrative matters appeal to the Federal Administrative Court can be imposed."

2. § 16 the following paragraph 4 is added:

"(4) § 9 section 6 as amended by Federal Law Gazette I no. 96/2013 into force on January 1, 2014."

Fischer

Faymann