Austrian VwGH: Definition of 'Goods' Delivered to Business Locations

Oct 24, 2025 Benn-Ibler Rechtsanwälte

The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has identified a breach of the Austrian 1994 Trade Regulation Act (Gewerbeordnung, hereinafter GeWO) in the decision rendered by the Vorarlberg Administrative Court and subsequently annulled that decision. The central issue concerned whether the stipulation related to delivery times should be universally applicable to all categories of goods deliveries or if differentiation is warranted between frequently recurring deliveries essential for ongoing operations and isolated, one-time deliveries.

The proceedings in the case at hand were conducted on the basis of the following facts: The operator of a snack bar had been granted a license to establish and operate a business facility pursuant to the GeWO, by a decision dated 22 April 2013. This decision stipulated, among other conditions, that ‘goods must be delivered between 7 a.m. and 6 p.m.’

At the close of 2024, the competent authority issued a penalty notice due to a one-time delivery of on item of furniture occurring outside the permitted time frame. The authority determined that this constituted a modification to the business premises requiring approval pursuant to Section 81(1) of the GeWO and accordingly imposed a fine. The Vorarlberg Provincial Administrative Court affirmed this decision, reasoning that the regulation does not distinguish between categories of goods and is therefore applicable to all deliveries, including those involving furniture.

The appellant contends that the VwGH interpreted the term 'goods' within the operating facility notice in an excessively broad manner, resulting in the inclusion of all goods without distinction, and notes a lack of systematic interpretation of the term. According to this perspective, even the delivery of a letter by the postal service—an event outside an individual’s control—would fall within the scope of the notice.

In light of the presented arguments, the extraordinary appeal is granted. The VwGH maintains an interpretation that is considered unreasonable and adverse to the principle of legal certainty.

The VwGH determined that, in context, the approval notice's delivery time provision pertains to goods required for routine maintenance activities, such as food or other consumables. Deliveries of this nature are likely to result in disturbances as described in Section 74(2) of the GeWO, particularly noise pollution. In contrast, a single item of furniture delivery does not fall under the scope of this provision.

Consequently, the Provincial Administrative Court’s decision was set aside pursuant to Section 42(2)(1) VwGG, on the grounds of substantive illegality.

Ra 2025/04/0184 (16 September 2025)