Reimbursement of fees
An applicant who is even only partially successful before the Federal Administrative Court is entitled to reimbursement of the fees by the contracting entity (even if deprived of a cause for action during the pending proceedings).
In general, these rules also apply to entrepreneurs from EU Member States in Austria.
In the case of an interim injunction, the entitlement to reimbursement of fees only exists if
- the application for review (main application) is granted or if the applicant is deprived of a cause for action during the pending proceedings and
- the application for the issuing of an interim injunction was granted or would have had to be granted if the applicant is deprived of a cause for action or the application for the issuing of an interim injunction was rejected only on the basis of a balance of interests or would have had to be rejected if the applicant is deprived of a cause for action.
The Federal Administrative Court has to decide on the reimbursement of fees no later than three weeks from the point at which it is established that there is entitlement to reimbursement of fees.
Amount of the fee rates (as at 5 December 2019)
|Direct awards||324 Euro|
Direct awards with prior notice - Construction contracts
|Direct awards with prior notice - Supply and service contracts||540 Euro|
|Procedures without prior notice (in accordance with section 43 (2)
and section 44 paragraph 2 (1) and (2) and section 44 paragraph 3 BVergG 2018)
|Construction contracts in accordance with Section 43 (1) BVergG 2018||1,080 Euro|
|Other construction contracts in the lower threshold range (LTR)||
|Other supply and service contracts and competitions (LTR)||1,080 Euro|
Construction contracts in the upper threshold range (UTR)
|Supply and service contracts and competitions in the UTR||2,160 Euro|
|Construction and service concessions in the LTR||3,241 Euro|
|Construction and service concessions in the UTR||6,482 Euro|
For interim injunctions, the fee is half the fee for the review application. There are also other special regulations according to which the above fee rates are increased or reduced.
Further information on procurement control can also be found at USP.gv.at.
responsible for content: Federal Ministry of Justice