Legal remedy

Every decision of the FMA includes instructions on the possible legal remedies against the decision, showing the recipient how the decision can be appealed.

 

In general, the FMA's decisions can be challenged by submitting a complaint to the FMA Complaints Commission (FMA-Beschwerdekommission, Peter-Kaiser-Platz 1, 9490 Vaduz).

 

A complaint must be submitted to the FMA Complaints Commission within 14 days of receipt of the decision and must contain:

  • the designation of the contested decision;
  • a statement as to whether the decision is being contested in its entirety or only individual parts and, in the latter case, the designation of the contested part;
  •  the reason for the complaint;
  • the requests;
  • the evidence through which the grounds of the complaint are to be supported and proven and
  • the complainant's signature.

A court fee must be paid for a complaint to the FMA Complaints Commission. Unless there is an exemption from the fees, this will be stipulated separately by the FMA Complaints Commission after the complaint has been received. The fee must be paid in full within four weeks, otherwise the complaint is deemed to have been withdrawn.

 

The decisions of the FMA Complaints Commission can in turn be appealed to the Administrative Court (Verwaltungsgerichtshof, VGH).

 

In principle, complaint procedures have a suspensive effect. This means that decreed measures can only take effect and be enforced after the complaint procedure has been legally concluded. In exceptional cases, however, the suspensive effect can be revoked.

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