Mootness of withdrawn deadline-setting application and procedural termination under § 38(4) VwGG

The Administrative Court of Austria (VwGH) dismissed the proceedings by declaring the deadline-setting application moot and terminating the case, thereby ending the administrative judicial review without reaching a substantive decision on the merits. The dispute involved a procedural motion filed on September 6, 2016, seeking an extension of the deadline to file a complaint against an administrative act before the Federal Administrative Court; the applicant subsequently withdrew this motion via a written submission dated November 26, 2016. Citing §§ 33(1) and 38(4) of the Act Governing the Courts of the Administrative Authorities (VwGG), the court applied the provision for withdrawing revisions mutatis mutandis to deadline-setting applications, ruling that once such a motion is withdrawn at any stage of the proceedings, it must be declared moot in a non-public sitting, leaving no prior judicial or administrative decision modified by this procedural termination.