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 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)

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.