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Retirement, resignation or dismissal of a managing director of a distribution network operator or non-fulfilment of requirements for the appointment of the managing director - notification

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 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

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.

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

If a power of authority has been issued: power of authority

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

None

Form

Online notification: Retirement, resignation or dismissal of a managing director of a distribution network operator or non-fulfilment of requirements for the appointment of the managing director (German)

Further information

If the plant manager leaves the company or if the approval of their appointment is revoked, the distribution network may continue operations until a new plant manager has been appointed; however, no longer than two months.

Legal basis: 2005 Vienna Electricity Act (German)

Means of redress or appeal

The authority’s taking note of the notification does not constitute a formal act. No specific legal remedy is provided for in respect of the authority’s taking note of such notification. However, failure to file a notification may result in administrative penal proceedings the outcome of which will be an official ruling. Such ruling as well as any other rulings issued in relation to the operation of an electricity network can be appealed by filing a complaint.

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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