Mootness of time-limit motion after belated administrative decision: procedural discontinuance under VwGG § 38(4) in conjunction with § 33(1)

The Administrative Court of Austria declared the applicant's motion for a time limit to be moot and discontinued the proceedings, ordering the Federal Republic to reimburse the applicant EUR 553.20 in costs within two weeks. The dispute arose from a procedural default where the Federal Administrative Court had failed to issue a timely decision in an administrative matter; however, the prior instance subsequently regularized the situation by rendering the belated decision on February 20, 2020, and submitting it to the court, thereby removing the subject matter of the motion. Relying on a teleological application of § 33 para. 1 in conjunction with § 38 para. 4 of the Administrative Courts Act (VwGG), the court determined that the motion lost its purpose once the underlying administrative act was issued, leading to the termination of the supervisory review.