When acts of the state cause damage, a distinct set of rules applies: the Austrian State Liability Act (AHG), short limitation periods, a special pre-trial procedure — and case law you need to know in detail. Our partner Dr. Martin Paar spent more than two decades as counsel at the Finanzprokuratur, the legal representative of the Republic of Austria, most recently as senior counsel — state-liability proceedings before the Austrian Supreme Court are his daily craft, accompanied by an extensive body of academic writing on state-liability law.
Where organs of the federal government, the provinces, municipalities or other public entities cause damage unlawfully and culpably in the execution of the laws, the public entity is liable under the Austrian State Liability Act (AHG). We assess your claim thoroughly, conduct the formal demand procedure under § 8 AHG and enforce justified claims in state-liability proceedings — up to the Austrian Supreme Court.
The other side of liability is part of our practice as well: questions of officials' liability and recourse between public entities and their organs — for territorial authorities, spun-off public entities and their officers, both preventively and in dispute.
In cases of qualified breaches of Union law, liability claims against the state exist even where the AHG does not apply. We assess whether an EU-law state-liability claim exists and enforce it through the appropriate channel.
Proceedings before the administrative courts, complaints to the Constitutional Court and the Supreme Administrative Court, fundamental-rights questions — frequently the decisive preliminary stage of a successful liability case. Academically grounded, executed with courtroom experience.
Author of the Manz monograph "Grundzüge des Amtshaftungsrechtes" — and for more than two decades on the side that had to assess state-liability claims.
State-liability claims are generally time-barred after three years — an early assessment protects your position. On business days we respond within 24 hours.
