In accordance with Article 373a of the Gewerbeordnung 1994 (GewO 1994) Regulation, companies established and operating in a Member State of the European Union or the European Economic Area may temporarily and occasionally carry out their commercial activities in Austria under the same conditions as Austrian citizens and companies.
In order to regularly perform certain activities defined as “regulated commercial activities”, companies are required to notify the competent authority of their intention before commencing activities in Austria.
This notification, known as Dienstleistungsanzeige, serves as a request for authorization from the Austrian authorities to conduct business activities within the Austrian territory. It must be renewed annually if the company intends to offer services in Austria during the year.
Learn more about posting workers to Austria in our comprehensive guide.
What is a “regulated commercial activity”?
Below is a list of the main “regulated commercial activities” in Austria, according to Article 94 of the aforementioned Regulation:
- Medical-related activities (e.g., optics, orthopedic technology, dental technology, acoustics, rental and trade of medical devices)
- Construction sector
- Mechatronics for machinery and production technology
- Electrical engineering and electronics
- Food industry
- Wellness and personal care
- Tourism sector
- Glass and metal processing
- Heating, ventilation, refrigeration, and air conditioning technology
- Manufacturing industry (e.g., carpentry, painting, plastic processing, tailoring, shoemaking)
- Debt collection agencies; financial and insurance brokerage
- Automotive and mechanical sector
- Real estate sector
- Bookbinding and printing
- Chemical laboratories
- Production and trade of pyrotechnic articles
- Consulting (in personal, social, business, and financial matters)
- Musical instruments manufacturing
- Security sector
- Freight forwarding
- Temporary employment services
- Armories (including the trade of weapons)
Nevertheless, the Federal Ministry of Economics and Labour (BMAW) may designate further activities, in addition to those listed, as subject to the Dienstleistungsanzeige notification. These are activities for which, in the event of a lack of professional qualification of a service provider, a serious risk to public health or safety can be expected.
How to obtain the Dienstleistungsanzeige?
The service provider must notify the BMAW in writing of the commencement of their activity for the first time before undertaking it, by presenting the Dienstleistungsanzeige notification.
For the first notification, and for each subsequent annual notification in case of substantial changes, specific documents must be presented. Some of them are:
- Details of insurance coverage or other forms of protection related to professional liability;
- A certificate the company’s legal establishment in a Member State or a State part of the contract to perform the activities in question. Moreover, the exercise of such activities must not have been prohibited, even temporarily, at the time of submission of the certificate;
- A certificate of the service provider’s professional qualifications (usually of the company’s legal representative);
- In cases where the commercial activity is not regulated, the service provider must provide proof demonstrating that they have carried out the activity in question for at least one year within the previous ten years.
Time-frame of the application
Austrian authorities are required to provide confirmation of receipt of the notification within one month from the submission. In addition to the verification of the requirements, authorities must ensure that there is no risk of serious prejudice to public health or safety or to the recipient of the service, particularly in the case of certain specific activities. For example, additional documentation is required for activities in the security sector, the arms trade, and construction.
Generally, the Dienstleistungsanzeige must receive feedback with an official decision within one month of receiving the complete documentation. Nevertheless, peculiar cases might require further verification, such as a qualification exam related to professional training. Such verification may extend the time foreseen to obtain the authorization.
Lastly, the qualification exam or a training program might not be successfully completed by the candidate. In this case they will not be authorized to provide the services envisaged in their notification within the Austrian territory.
Requirements for non-regulated commercial activities
For activities that do not fall within the list of regulated activities and have not been designated by the BMAW as subject to the Dienstleistungsanzeige notification, the service provider must provide certain information in writing to the service recipient before the contract is concluded. Below is the main required information:
- Registration number or equivalent information used for identifying the commercial register in which the service provider is registered;
- If the activity is subject to authorization in the country of establishment, the provider must communicate the name and address of the relevant supervisory authority;
- Professional chambers or similar organizations to which the service provider is a member;
- The professional designation or academic title of the service provider and the Member State in which they were awarded;
- If the service provider operates an activity subject to VAT, they must provide their VAT identification number;
- Details of insurance coverage or any other type of individual or collective protection related to professional liability.
Sanctions
If the Dienstleistungsanzeige notification has not been submitted or there has been a violation of information obligations, the BMAW may prohibit the activity for a period appropriate to the nature of the violation.
Additionally, pursuant to Art. 366, paragraph 1, point 1 of the GewO Regulation of 1994, violations of the provisions regarding authorization to carry out commercial activities in the Austrian territory are subject to an administrative fine of up to €3,600.
