Posts tagged #principle of equality
All PostsInsurance Contract Law: Are One-Year Limitation Periods Constitutional?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with deliberating upon the question of whether a policyholder’s claim for coverage is precluded as a consequence of non-compliance with the stipulated deadline under Sectio...
Section 6(2)(4) of the Consumer Protection Act Is Constitutional
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has rejected as unfounded the application seeking annulment of Section 6(2)(4) of the Consumer Protection Act (Konsumentenschutzgesetz, hereinafter KSchG), which pertains to...
ORF TV Licence: Austrian VfGH Declares Regulation Constitutional
Constitutional LawOn 24 June 2025, the Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) issued a ruling determining that the existing television licence scheme for Austria’s national public broadcaster, ORF, does not violate constitutional prov...
Austrian VfGH: The ‘Orderer’s Principle’ Is Constitutional
Constitutional LawSince 1 July 2023, in Austria the ‘orderer’s principle’ (Bestellerprinzip) has applied to the letting of residential property. The Bestellerprinzip refers to a policy in Austria’s real estate market that whoever hires an estate agent to arrange a ten...
VfGH: Mere University Degree Insufficient to Run a Restaurant
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has ruled that a university degree is not prerequisite to running a business in the hospitality industry. The corresponding provision of the Austrian Hospitality Ordinance (...
BVwG has legal provision in HGG examined by the VfGH
Public LawThe Federal Administrative Court (Bundesverwaltungsgericht, BVwG) considers Section 31 para 2 no 2 of the Army Fees Act (Heeresgebührengesetz, HGG 2001), which regulates eligibility for housing subsidies, to violate the principle of equality. The BVw...
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