Constitutional complaint withdrawn; no cost recovery under § 88 VfGG where reply motion was not ordered

The Austrian Constitutional Court dismissed the proceedings and awarded no costs, as the complainants withdrew their constitutional complaint on September 2, 2004, resulting in the termination of the case without a substantive ruling on the merits. The dispute involved a challenge to a lower court decision, the specific subject matter of which was not detailed in the operative text due to the procedural withdrawal, but the procedural posture required a determination of the consequences of the withdrawal under the Constitutional Court Act (VfGG). The decisive legal basis was Section 88 of the Constitutional Court Act, which precluded the imposition of costs on the complaining parties because the reply motion requested by the participating party had not been ordered, and the decision was issued in a non-public session pursuant to Section 19(3)(3) VfGG, which permits such procedural closures without a full hearing.