Administrative enforcement

Enforcement of pecuniary claims:
In order to prepare for enforcement, the enforcement authority may determine the financial circumstances of the enforcement debtor by taking asset information from the enforcement debtor himself or by requesting information from third parties (e.g. social security institutions, employers).
Preferably, enforcement is then carried out on the spot with the enforcement debtor by attachment of property. Frequently, garnishment is also used by the enforcement authority serving an attachment order on a third-party debtor (e.g. employer) obliged to pay to the enforcement debtor. In the case of account attachment, the attachment order is issued to the respective credit institution.

Enforcement in real estate can be carried out by registering a security mortgage, foreclosure or receivership.

Enforcement of administrative acts requiring an act, acquiescence or omission:
These administrative acts are enforced through the use of coercive measures. Coercive measures are the penalty payment, substitute performance (e.g. towing of a vehicle parked in the absolute prohibition of stopping) and direct coercion (e.g. forced eviction of an apartment building in the event of obvious fire protection deficiencies). The coercive measure must be proportionate to its purpose. Coercive measures may also be imposed in addition to a penalty or fine and, if acts are enforced, repeated or changed until the obligation is fulfilled.

The executing authority is the authority which issued the administrative act or drew up the instrument from which enforcement is to be carried out or, in the case of the enforcement of authorised private-law pecuniary claims, the authority competent to request payment.

The name and address of the executing authority shall be specified in the administrative act or the request for payment.

An administrative act requiring a pecuniary payment may only be enforced if it is final or an appeal has no suspensive effect, the performance is due, a one-week "grace period" has expired and the debtor has been reminded. Enforcement may be against movable property (e.g. a motor vehicle) or immovable property (e.g. immovable property). This applies mutatis mutandis to the enforcement of documents and certain claims under private law.

A coercive measure for the enforcement of administrative acts requiring an act, acquiescence or omission must be threatened in writing. In certain exceptional cases, the coercive measure may be threatened orally or the threat may even be omitted. If an action is required, a reasonable period must be set for it.
 

The type and amount of fees depends on which enforcement measures are applied in each individual case.

• State Administration Enforcement Act (LVwVG)

To the extent that enforcement measures are themselves administrative acts or are regarded as such under the Land Administrative Enforcement Act, they may be challenged by means of general legal remedies.

Administrative enforcement measures are associated with considerable problems and disadvantages for those affected. Enforcement measures must therefore be discontinued immediately when their purpose has been achieved, i.e. in particular when the required obligation has been fulfilled.

06.04.2018