Posts tagged #Administrative Law
All PostsAustrian Police: Time Spent Changing and Gearing up Is Work Time
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has recently examined whether putting on your uniform and equipment counts as part of working hours. In the case at hand, the appellant police officer submitted a request fo...
Austrian VwGH: Definition of 'Goods' Delivered to Business Locations
Administrative LawThe 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 subs...
Authorization requirement for virtual transfer to third countries
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has determined that, according to Section 16(2) of the Austrian Temporary Employment Act (Arbeitskräfteüberlassungsgesetz, hereinafter AÜG), the provision of workers from Au...
Austria: Double Punishment for Repeated Truancy?
Administrative LawThe Tyrol Regional Administrative Court rejected an appeal challenging a penalty notice for non-compliance with compulsory education requirements, deeming it to be without merit. The appellant, the father of school-age children, contended that the sa...
Toll Evasion: Actions beyond Issuing Warnings
Administrative LawIn the case at hand, a driver had received a EUR 300 fine for not paying the toll within the prescribed period under Section 20(3) of the Austrian Federal Toll Act (Bundesstrassen-Mautgesetz (hereinafter BStMG), resulting in the issuance of a penalty...
Notification of a Fine Needs an Addressee
Administrative LawAccording to the established case law of the Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH), a decision is only legally effective if, among other things, it names a clearly defined addressee. If this is missing, there is no ...
VwGH: Entry of Foreign Academic Degrees in Passports
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) addressed the issue of whether it is essential for the entry of a title awarded in an EU member state as an academic degree in a passport that this title is recognized by th...
Austrian VwGH on Tax Deductibility of Donations
Administrative LawAccording to Section 18(8)(1) of the Austrian Income Tax Act (Einkommenssteuergesetz, hereinafter EStG), donations are only eligible for tax deductions if the taxpayer’s personal data is disclosed to the recipient of the donation. Additionally, the r...
Austrian VwGH: No Fees Exemption for Hotel Leases
Administrative LawThe exemption from fees for residential leases pursuant to Section 33 TP 5 (4) no. 1 of the Austrian Fees Act (Gebührengesetz, hereinafter GebG) does not apply to the lease of hotel buildings. The Austrian Administrative Court (Verwaltungsgerichtshof...
Austrian VwGH: Tax Exemption Limit Is at 1,000 m2
Administrative LawThe tax exemption for the sale of a house including the plot of land according to Section 30 (2) of the 1988 Austrian Income Tax Act (Einkommensteuergesetz, hereinafter EStG) only applies to plot sizes ‘as would normally be required for a building s...
Austrian VwGH: Double Jeopardy for Being both Vehicle Driver and Holder?
Administrative LawIs it permissible to impose two penalties on the same person at the same time, one for a violation of Section 102 of the Austrian 1967 Motor Vehicles Act (Kraftfahrgesetz 1967, hereinafter KFG) as the driver and one for a violation of Section 103 of ...
Austrian VwGH on Updating eNotification Addresses
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has dealt with the question of the legal consequences with regard to official notifications if an individual’s email addresses for electronic notifications are not updated i...
VwGH: Unemployment Benefits Despite Marginal Employment
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled on whether an employee who continued to work for another employer on a marginal basis in addition to a fully insured job that had been terminated was entitled to u...
VwGH: Disciplinary Penalty despite Previous Warning
Administrative LawThe Austrian Supreme Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) had to decide whether the imposition of a disciplinary sanction on a civil servant who had previously received a warning under Section 109(2) of the 1979 Austrian Ci...
GDPR – Is it Allowed to Publish Workplace Email Addresses?
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled on whether the publication of school teachers’ official email addresses on the school website is in breach of the General Data Protection Regulation (GDPR). The ap...
May Official Submissions be Submitted by Email?
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled on the question of whether submissions must be sent to the specific email address provided by an authority on their website. In May 2023, in the case at hand, the ...
VwGH: When Is a Hearing Necessary?
Administrative LawThe Austrian Supreme Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has confirmed its case law on the holding of oral hearings before administrative courts. An oral hearing is required in cases where the findings are specifically dis...
Amendment to the Austrian AVG: Electronic Submissions now Included
Administrative LawThe Austrian Federal Chancellery has submitted a government bill on amendments to the Austrian General Administrative Procedures Act (Allgemeines Verwaltungsverfahrensgesetz, AVG), the Austrian Administrative Penal Act (Verwaltungsstrafgesetz, VStG),...
OGH: No Water-Rights Permit, No Usucaption?
Administrative LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified: A lacking water-rights permit pursuant to Article 10(2) of the Austrian Water Act 1959 (Wasserrechtsgesetz 1959, hereinafter WRG) does not prevent usucaption of a water...
OGH: Painters May Remove Construction Rubble
Administrative LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled in an action under competition law that a painting business may also carry out demolition work and collect and dispose of the resulting rubble. This is covered under trade l...
VwGH on Appointing Managers Responsible under Trade Law
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled that in matters of trade law a responsible representative cannot be appointed pursuant to Section 9(2) of the Austrian 1991 Administrative Penal Code (Verwaltungss...
VwGH: Statute of Repose in Plant Approval
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled that failure to announce the oral hearings in plant-approval proceedings by not publishing such notice on the premises affects the statute of repose of the owners ...
OGH: Austrian Bar Exam and EIRAG Test Are Equivalent
Administrative LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the Austrian bar exam is equivalent to the aptitude test pursuant to Sections 24 et seq. of EIRAG[1]. In the original case, a Liechtenstein lawyer wanted to act in Aust...
Austrian Administrative Court: E-scooters Are Vehicles
Administrative LawOn September 7, 2021, a co-participant with an alcohol content of 0.68 mg/l in his breath drove a mini scooter with an electric drive, thereby violating Section 99 (1a) in conjunction with Section 5 (1) of the Austrian Road Traffic Act (Straßenverkeh...
VwGH: Representation via citizen card of a minor
Administrative LawThe Austrian E-Government Act (E-Government-Gesetz, E-GovG) and the Identification Register Ordinance 2009 (Stammzahlenregisterbehördenverordnung 2009, StZRegBehV 2009) provide for the valid registration of the power of representation of legal repres...
Turning on Ignition to Close Car Windows is not starting the vehicle
Administrative LawIn the case at hand, the Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) dealt with the question of whether turning on a vehicle’s ignition without starting the engine in order to close the car windows constitutes ‘putting a vehicle into...
VwGH: Complaints But No Appeals for Chamber of Labour
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichthof, VwGH) has clarified that the Chamber of Labour (Arbeiterkammer, AK) does have the right to file a complaint against decisions involving the revocation of business licenses for personnel leasin...
VwGH: Airbnb’s ‘Commercial Use’ As Defined by the Vienna Building Code
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) has ruled that in determining commercial use for short-term accommodation purposes (e.g. on Booking.com and Airbnb) within the scope of Section 7a (3) of the Vienna Building Code, a con...
No Retroactive Legalisation of Secondary residences in Salzburg
Administrative LawThe Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has annulled the retroactive legalisation of secondary residences contained in the Salzburg Regional Planning Act 2009 (Sbg ROG 2009), as amended after the 2017 ROG amendment, as being ...
No Austrian enforcement power in case of house searches abroad
Administrative LawIn the present case, the Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) addressed a house search carried out in the Netherlands at the request of the Austrian Federal Competition Authority. In the business premises of the party filing t...
VwGH: When is a YouTube channel an audiovisual media service?
Public Law Administrative LawThe existence of a service within the meaning of Articles 56 and 57 of the Treaty on the Functioning of the European Union (TFEU) requires that the provider of the service to be assessed participates in economic life with the service. If a service is...
New COVID-19 Measures Act clarifies powers: Curfew regulations and entry bans possible
Administrative LawA revision of the COVID-19 Measures Act has made the powers to deal with the pandemic more concrete and detailed. Included in this revision is the authorization to impose curfews and far-reaching entry bans. In its new version, the COVID-19 Measures ...
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