Fundamentals rights section 3.1.2. Reimbursement of costs for a ECJ preliminary ruling procedure If a complainant is successful in a suit before the Austrian Administrative or Constitutional Court, he can only be reimbursed to a minor extent for the costs eventually incurred through proceedings for a preliminary ruling by the European Court of Justice. According to the established practice of the Constitutional Court, the legally stipulated flat rate is also compensation for the costs of any interim proceedings such as proceedings for a preliminary ruling procedure before the European Court of Justice. The same applies to proceedings before the Administrative Court. The system of uniform flat rates chosen by the legislative authority that do not depend on the individual complaint entails that the complainant is not compensated for all costs actually incurred in every individual case. Against the background of the legal practice of the courts of public law and of the European Court of Justice, there are no objections to the current legal situation under Constitutional and/or Community law. However, the costs of proceedings for a preliminary ruling procedure before the European Court of Justice are generally considerably higher than those of other interim proceedings for which the same flat rates are valid. The Ombudsman Board therefore takes the view that a more realistic flat-rate calculation would be advisable to make access to justice easier for the population as a whole. However, the Federal Chancellery has informed the Ombudsman Board that no such change is planned at present. 3.1.3. Incorrect information about fees As of 1 July 2008 the fee for applications in constitutional and administrative proceedings regulated in the Administrative Court Act was raised from € 180 to € 220. As the Ombudsman Board repeatedly observed in July and August 2008, numerous authorities – among them the Data Protection Commission – did not take note of this change in the law. As a consequence incorrect information was provided in official documents on the rights of appeal, where it was still regularly stated that a fee of € 180 is payable if a complaint is filed with the Administrative Court or the Constitutional Court. In view of this unsatisfactory situation, the Ombudsman Board suggested that this increase in the fee for applications should be pointed out to all authorities by a circular letter of the Constitutional Service of the Federal Chancellery to this effect. This suggestion was carried out very quickly. 18 32nd Report of the Austrian Ombudsman Board to the National Council and the Federal Council 2008

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