Constitutional complaint withdrawal and dismissal of proceedings under § 19(3) Z 3 VfGG

The Constitutional Court (VfGH) ordered the discontinuance of the proceedings, resulting in no substantive ruling on the merits as the applicant unconditionally withdrew the complaint. The case involved a constitutional complaint that became moot upon the applicant’s written withdrawal submitted in February 2003. The decision was based on §19(3) Z3 of the Austrian Federal Constitutional Court Act (VfGG), which permits the court to discontinue proceedings without further oral or public examination when a complaint is withdrawn, thereby ending the case without determining the validity of the challenged act.