Timeliness of Constitutional Complaint Addressed to Uncompetent Authority Under §82 VerfGG

The Constitutional Court (VfGH) ruled that a constitutional complaint was filed untimely and thus inadmissible, resulting in the dismissal of the applicant's challenge. The dispute concerned the procedural timeliness of a constitutional complaint that was posted within the statutory deadline but addressed to an unauthorised body, which subsequently forwarded it to the competent court only after the filing deadline had expired. Relying on the principle established under §82 of the Constitutional Court Act (VerfGG) and consistent case law, the Court held that a complaint sent to an uncompetent authority and subsequently redirected by post does not satisfy the requirement of timely filing, as the effective receipt by the competent jurisdiction occurred after the statutory time limit had lapsed.