Administrative Enforcement

Enforcement of monetary claims:
In preparation for enforcement, the enforcement authority can determine the financial circumstances of the enforcement debtor by taking a statement of assets 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 site at the debtor's premises by seizure of property. Attachment of claims is also frequently used in that the enforcement authority serves an attachment order on a third-party debtor (e.g. employer) who is obliged to pay the enforcement debtor. In the case of account garnishment, the garnishment order is issued to the respective credit institution.

Execution on real estate may be effected by registration of a security mortgage, forced sale or forced administration.

Enforcement of administrative acts requiring an action, toleration or omission:
These administrative acts are enforced through the use of coercive measures. Coercive measures include a penalty payment, substitute performance (e.g. towing away a vehicle parked in a no-parking zone) and direct coercion (e.g. forced eviction of an apartment building in the event of obvious fire safety deficiencies). The means of coercion must be proportionate to its purpose. Means of coercion can also be imposed in addition to a penalty or fine and, if actions are enforced, can be repeated or changed as often as necessary until the obligation is fulfilled.

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

An administrative act demanding a monetary payment may not be enforced until it is final or an appeal has no suspensive effect, the payment is due, a one-week "grace period" has expired and the debtor has received a reminder. Enforcement can be carried out on movable assets (e.g. a motor vehicle) or immovable assets (e.g. a plot of land). This applies mutatis mutandis to enforcement from deeds and on account of certain claims under private law.

A means of coercion for the enforcement of administrative acts requiring an action, 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 demanded, a reasonable deadline must be set for this.
 

• State Administrative Enforcement Act (LVwVG)

Insofar as enforcement measures are themselves administrative acts or are deemed to be such under the State Administrative Enforcement Act, they may be challenged by means of the general legal remedies.

Administrative enforcement measures are associated with considerable problems and disadvantages for those affected by them. Enforcement measures must therefore be discontinued immediately when their purpose has been achieved, i.e. above all when what has been demanded has been fulfilled.