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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).

Please note

These regulations apply to all traders 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

1,080 Euro
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)
540 Euro
Construction contracts in accordance with Section 43 (1) BVergG 2018 1,080 Euro
Other construction contracts in the lower threshold range (LTR)

3,241 Euro

Other supply and service contracts and competitions (LTR) 1,080 Euro

Construction contracts in the upper threshold range (UTR)

6,482 Euro

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.

Translated by the European Commission
last update: 15 May 2020

responsible for content: Federal Ministry of Justice

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