First instance body dealing with electoral disputes

Art. 141. (1) The Constitutional Court pronounces upon

a) challenges to the election of the Federal President and elections to the general representative bodies, the EuropeanParliament and the constituent authorities (representative bodies) of statutoryprofessional associations; [...]

FederalConstitutional Law – B – VG Federal Law Gazette (F.L.G = BGBL.01.03.2010) http://www.ris.bka.gv.at/Dokumente/Erv/ERV_1930_1/ERV_1930_1.pdf

“Challenges to the results of elections are made tothe Constitutional Court,and must be filed within a four-week period after the conclusion of theelectoral process. The appeal will only be granted if the challenge issubstantiated and the violation affected the outcome of the election.Therefore, individual voters cannot have their case considered on merits unlessthe infraction has affected the outcome. This creates a situation whereby anindividual voter may prove that his/her electoral rights were violated and be deniedan effective remedy. Constitutional Court decisions are final; meaning that inthese cases there is no possibility to appeal. No complaints were filed to theConstitutional Court contesting the results of this year’s election.

OSCE/ODIHRElection Assessment Mission Report Republic of Austria Presidential Elections25 April, 2010; Warsaw 9 July, 2010