Official Liability Law
In official liability law, I examine and pursue claims if damage has arisen through unlawful and culpable action by state bodies. In these cases, damages can be obtained from the Republic of Austria. A focus lies on constellations following proceedings in asylum and immigration law as well as following acquittals in criminal proceedings. The claim is first asserted out of court to the Financial Procurator’s Office (Finanzprokuratur); if the claims are rejected, court proceedings may be appropriate.
Key focuses
- Review and enforcement of official liability claims in cases of unlawful action by state bodies
- Assessment of the evidentiary situation and prospects of success
- Follow-up review after proceedings in immigration and asylum law as well as in the event of acquittal in criminal proceedings
- Assertion of claims in cases of unjustified detention
- Enforcement of claims out of court and before the civil courts
FAQ
When is official liability generally to be considered?
Official liability is to be considered if you have suffered damage due to unlawful and culpable conduct of a state body and a causal connection can be proven. Typical constellations are erroneous decisions or procedural errors by authorities, but also unlawful coercive measures. Decisive are the precise preparation of the facts, evidence and the legal classification as to whether an act of a body within the meaning of the Official Liability Act exists. An initial review should take place as early as possible, because deadlines and limitation periods can be decisive for the claim.
Which deadlines must I observe for official liability claims?
Deadlines and limitation periods are central in official liability law and can cause a claim to fail even if the damage is substantively comprehensible. Relevant is when you had or should have had knowledge of the damage and the tortfeasor; additionally, absolute limitation boundaries may be relevant. As the assessment depends strongly on the individual case and the course of the proceedings, you should have decisions, rulings and documents reviewed early. The earlier the facts are structured, the better deadlines can be secured and evidence prepared.
Which documents do I need for an initial review and how does the approach typically proceed?
For an initial assessment, as a rule all relevant decisions, rulings, records, minutes, file extracts and correspondence are important, as well as proof of the specific damage (e.g. costs, loss of earnings, other disadvantages). In the next step, a preliminary review can take place as to whether the act of the body was unlawful, whether fault exists and how the damage can be proven. Often a structured out-of-court approach is sensible; if no solution is possible, judicial assertion can be prepared.
I was in pre-trial detention and at the end of the proceedings I was acquitted. Do I receive damages?
An acquittal after pre-trial detention suggests claims for compensation or damages from the Republic of Austria. For a serious assessment, detention orders, the file status, the course of the proceedings and proof of damage should be reviewed by counsel in a timely manner, because deadlines must also be observed here.