Appointment of a managing director for a distribution network operator - application

German version

General information

The granting of a concession for the operation of a distribution network is conditional on the applicant, if they are a legal person, a business partnership or a registered general partnership, having appointed a managing director or a leaseholder to exercise the concession. The appointment of the managing director must be approved by the authorities (Art. 54 (3) (2) (b) and Art. 59 Vienna Electricity Act 2005).

Requirements

A managing director must

• be of full legal age and capacity and have a minimum age of 24
• be an Austrian citizen or have an equivalent status due to EU law or an interstate treaty
• be domiciled in Austria or in another country whose nationals are treated equally to Austrians due to EU law or an interstate treaty
• be responsible and have the necessary capacity to act

If the managing director is a legal person, they must also

• be headquartered in Austria or in another country whose nationals are treated equally to Austrians due to EU law or an interstate treaty
• be a member of the body appointed as legal representative or be an employee who works in the company for at least half the regular weekly working hours stipulated by employment legislation

In a business partnership, managing directors must be personally liable partners who are authorised to act as managing directors and representatives of the partnership in the articles of partnership.

Managing directors may not have been excluded from exercising the concession. Grounds for exclusion are conviction for certain crimes and filing for bankruptcy or composition (Art. 54 (4) Vienna Electricity Act 2005).

If more than 100,000 customers are connected to the distribution network and if the distribution network operator belongs to an integrated power company, their independence must be secured by ensuring that

• the managing director does not belong to business units of the integrated electricity company that are directly or indirectly in charge of operations in the areas of electricity generation and supply
• the professional interests of the managing director are taken into consideration in such a way that their independence is ensured (particularly, the reasons for the dismissal of a managing director must be clearly outlined in the articles of association of the distribution network operator)

Deadlines

None

Contact

Office of the Vienna Provincial Government
Construction, Energy, Railway and Aviation Law (MA 64)
Energy Group
1080 Vienna, Lerchenfelder Straße 4
Phone: +43 1 4000-89959
Fax: +43 1 4000-99-89910
E-mail: post@ma64.wien.gv.at

Public hours: Tuesdays 7.30 am to 12.30 pm and Thursdays 7.30 am to 3.30 pm

Authentication and signature

Authentication or signature of the application is not required.

Documents required

• Documentation showing the appointment as managing director
• Agreement of the managing director with their appointment
• Proof of the necessary authority in the company
• Documents proving their professional suitability
• Certificate of citizenship
• Residence registration certificate
• Police clearance certificate (German)
• If a power of authority has been issued: power of authority

If the managing director is a legal person:

• Excerpt from the company register (German)
• Details about their position in the company
• Articles of association or partnership agreement
• If the managing director is not a member of the body appointed as legal representative: Documentation showing that they work in the company for at least half the regular weekly working hours stipulated by employment legislation

Type and format of the evidence to be submitted:
You can find more information about bringing in documents at: Contact the City of Vienna (German)

Fees

The fees are due after the procedure has been concluded and amount to:

• Provincial administrative fee: EUR 6.54
• Duty for the application as per Duty on Documents Act: EUR 14.30

Further costs depend on the number of documents filed with the application.

For any questions regarding payment, please contact the competent accounting department (Buchhaltungsabteilung 40) (German) of Municipal Department 6 - Accounting Services, Duties and Charges.

Form

Online application: Appointment of a managing director for a distribution network operator (German)

Further information

The approval will be revoked if the managing director no longer meets one of the requirements. The holder of the concession or the leaseholder must notify the authorities immediately if the managing director no longer meets one of the requirements or no longer holds the position.

Legal basis: 2005 Vienna Electricity Act (German)

Means of redress or appeal

An appeal is possible against rulings issued by an authority and shall be filed by the party within a 4 weeks term with the authority that issued the ruling of first instance (against rulings without investigation procedure within a two weeks term). The term starts with the receipt of the written copy of the ruling, in the case of oral pronouncement simultaneously with it.

The appeal shall indicate the ruling it contests, the authority that issued the ruling and contain a motion of appeal with the reasons. No more appeal is admissible if the party expressly waived the right of appeal after receipt or pronouncement of the ruling.

Each ruling contains instructions on the right to appeal and indicates the authority and the deadline for submission of such appeal.

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Last update

12. Dezember 2020

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