Discontinuation of deadline-setting motion after remedy of procedural delay and half-rate expense reimbursement under § 38(4) and § 56(1) VwGG

The Vienna Administrative Court (VwGH) dismissed the applicant’s claim for full procedural costs and ordered the Federal Government to pay a reduced lump sum of EUR 553.20 in expenses within two weeks. The dispute concerned a motion to set a deadline (*Fristsetzungsantrag*) after the Bundesverwaltungsgericht failed to issue a decision within the statutory period; however, the lower administrative court subsequently issued the pending decision on November 13, 2019, curing the procedural default. The VwGH held that the proceeding was to be discontinued pursuant to § 38(4) of the Administrative Court Act (VwGG) because the missed decision had been made up. Regarding costs, the court applied §§ 47 et seq., specifically § 56(1) second sentence, VwGG in conjunction with the VwGH Expense Regulation 2014, ruling that the standard lump sum for written submissions must be reduced by half in cases where the delay is cured by the subsequent issuance of the decision, thereby rejecting the applicant’s higher cost claim.