VfGH holds a gendarmerie post's opinion on a trade license is not an administrative act or direct enforcement under Art 144 B-VG.

The Constitutional Court dismissed the applicant's complaint regarding the refusal of a trade license, ruling that the gendarmerie post's written opinion lacked the requisite legal effect. The applicant argued the opinion constituted an administrative act or direct enforcement, while the defense contended it was merely an advisory opinion without binding force. The court decided the opinion was neither a formal administrative decision nor an exercise of direct coercive power, thus falling outside the scope of Art 144 B-VG.