Constitutional court holds that a specific administrative appeal procedure creates a required instance of appeal under Art. 144 B-VG.

The Constitutional Court ruled that the administrative appeal procedure mandated by § 61 of the Municipal Ordinance establishes a required instance of appeal under Article 144 of the B-VG. The applicant challenged the constitutionality of this procedural requirement, arguing it violated the principle of a single instance of appeal. The court decided that the specific statutory regulation explicitly creates the necessary appellate structure, thereby satisfying the constitutional mandate.