Vienna Appellate Senate

The Vienna Appellate Senate consists of a chairperson and two other members, all of whom are to be appointed by the City Senate from the group of civil servants of the City Administration with legal training, for a term of five years. In addition, one substitute member is to be appointed for each member. The sessions of the Vienna Appellate Senate are to be convened by the chairperson at least once every quarter and are not open to the public.

Functions and tasks

The Vienna Appellate Senate decides on appeals against decisions in matters within the municipality's own sphere of competence as well as on violations of the duty to reach such a decision, provided that recourse in the municipality's own sphere of competence is not excluded by law. The provision of section 75 (1) second sentence of the Vienna City Statutes (WStV) provides for such an exclusion of the intra-municipal appeal procedure, namely for the matters of the municipality's own sphere of competence regulated by provincial provisions. Therefore, the Vienna Appellate Senate ultimately only has the power to decide in those matters of the municipality's own sphere of competence that are regulated by federal laws and where the federal legislator has not excluded the intra-municipal appeal procedure.