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Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?

Key Area:
Anti-discrimination Legislation & Implementation
Discrimination, Equality
22/12/2011 - 13:15
Short Answer

Yes. To a limited extant representation of complainants by associations, organisations or other legal entities is possible.

Qualitative Info

Complainants can be represented by NGOs, private persons or any other legal entity in cases, where there is no statutory requirement to be represented by a lawyer in proceedings. In practice this means that representation by NGO employees or representatives is possible in proceedings at the Equal Treatment Commission and in court cases with a litigation interest under EUR 4.000. Representation at the Labour and Social Courts is possible by any person suitable in proceedings of first instance (Art. 40 para 2 no. 4 Labour and Social Court Act). Represention by employees of the Austrian Chamber of Labour is most frequent there. There is no possibility for NGOs to file a claim in the general interest of a group or in their own name (collective claim). The Litigation Association of NGOs against discrimination is entitled to co-intervene in court proceedings as a third party (Nebenintervention) upon request of the claimant (Art 62 Equal Treatment Act).


Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability
Type (R/D)
Key socio-economic / Institutional Areas Policing - law enforcement, Employment - labour market, Housing, Health and social protection, Education, Anti-discrimination
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