455. Regulation of the German Chancellor about the need of effort dentures in the proceedings before the Administrative Court (VwGH effort replacement regulation 2008 - VwGH-AufwErsV)
On the basis of § 49 paragraph 1, 2 and 4, article 54, paragraph 2, section 55, paragraph 1, and of article 56 of the Supreme Administrative Court Act of 1985 - VwGG, BGBl. No. 10, as last amended by the asylum Court establishment Act, Federal Law Gazette I no. 4/2008, is in agreement with the main Committee of the National Council decreed:
§ 1. The height of the after section 48 para 1 to 3, article 54, paragraph 1 Z 1, article 55, paragraph 1, and article 56 VwGG as reimbursement of expenses payable lump sums as follows determined:
1 to § 48 para 1 Nos. 2 and 4, article 55, paragraph 1, and article 56 VwGG: a) replacement of the effort, for the appellant as a prevailing party bringing the complaint through a lawyer (accountant or auditor) connected to was (typesetting effort) 1106,40 euros in cases of late payment complaint, unless the second sentence VwGG meet requirements to according to article 55, paragraph 1, only 553,20 euro b) replacement of other expenses , 1383 euro c (negotiating effort) was for the complainant as a prevailing party of representation by a lawyer (accountant or auditor) in proceedings before the Verwaltungsgerichtshof connected) spare of the typesetting effort required in cases indemnify position, provided that the conditions apply 829,80 Euro 2 VwGG, second sentence, according to article 56.
To section 48 para 2 Nos. 1, 2 and 4 VwGG: a) spare of the expenses for the defence authority as a prevailing party with the template of the acts of the administrative procedure in the Administrative Court associated (template effort) was 57,40 euro b) spare of the expense, which for the defence authority as a prevailing party with the introduction of the Gegenschrift was connected (typesetting effort) 553,20 euro c) replacement of other expenses , 691,50 Euro 3 involved the for the defence authority as a prevailing party their party rights in proceedings before the Administrative Court (proceedings costs).
To section 48 paragraph 3 Nos. 2 and 4 VwGG: a) spare of the expense, for a stakeholders as a prevailing party with the introduction of a Gegenschrift by a lawyer (accountant or auditor) associated (typesetting effort) was 1106,40 euro b) replacement of any other expense, which for a stakeholders as a prevailing party with the representation by a lawyer (accountant or auditor) in proceedings before the Administrative Court was connected (proceedings costs) 1383 Euro 4.
To article 54, paragraph 1 Z 1 VwGG: a) replacement of the burden for the party with the exception of lit. (b) in the cases of § 54 para 1 Z 1 VwGG with the application on retrial was connected (typesetting effort) 1106,40 euro b) spare of the expense, of the involved authorities in the cases of § 54 para 1 Z 1 VwGG application on retrial was connected (typesetting effort) 553,20 euro
§ 2. The amount which pursuant to § 49 para to replace 4 VwGG as subsistence lump sums as follows determined:
The complainant, the judge authority and a collaborator have claim on a Verpflegskostenpauschale whose height per 24 hours consistently with 26.50 euros and to an overnight allowance, the amount of which is determined uniformly with 44,50 euro 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). 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.
3. (1) this regulation occurs at the end of the month of their by-laws in force; at the same time the VwGH effort replacement Regulation 2003, Federal Law Gazette II No. 333, override.
(2) in cases before the administrative court proceedings, no decision is been like that until the entry into force of this regulation, after the lump sums resulting from this regulation, costs shall be calculated.