Dismissal of deadline motion under § 38(4) VwGG following cure of procedural defect

The Administrative Court of Austria (VwGH) dismissed the excess claim and ordered the Federal Government to reimburse the applicant €553.20 in costs, effectively terminating the proceedings by declaring the underlying challenge moot. The case involved a motion to set a deadline (Fristsetzungsantrag) regarding a missed deadline in a prior administrative review before the Federal Administrative Court, which subsequently cured the procedural defect by issuing the overdue decision within the prescribed period. Because the lower court regularized the situation by issuing the pending judgment and submitting the protocol to the VwGH, the dispute over the deadline lapse became obsolete. The VwGH applied § 38(4) of the Act on the Organization of the Administrative Courts (VwGG) to formally dismiss the procedure as no longer admissible, and calculated the award under §§ 47 and 56(1) VwGG in conjunction with the 2014 Regulation on Reimbursement of Expenses in Administrative Court Proceedings (VwGHAufwandersatzverordnung 2014), limiting the compensation to the statutory flat rate for written work and rejecting any higher amounts.