Loss of subject matter due to administrative annulment treated as grounds for dismissal under §19 Abs. 3 Z3 VerfGG

The Constitutional Court dismissed the constitutional complaint as moot, ruling that the loss of the subject matter of the complaint due to the Administrative Court’s annulment of the contested administrative order constitutes a ground for dismissal under §19 Abs 3 Z3 of the Federal Constitutional Court Act (VerfGG). The dispute involved a party challenging an administrative decision that had been subsequently vacated by the competent administrative court, rendering the constitutional review unnecessary as the specific act no longer stood. The decisive legal basis is the doctrinal equivalence of the lapse of the subject matter (Wegfall des Beschwerdegegenstandes) with the statutory grounds for dismissal listed in §19 Abs 3 Z3 VerfGG, which precludes further examination when the underlying administrative measure has been effectively removed by a higher administrative authority.