Constitutional review of administrative ruling: application of substantive statutory norms and procedural requirements

The Constitutional Court (VfGH) ruled that the challenged administrative act was in violation of the law, thereby granting the constitutional complaint and annulling the decision. The dispute concerned a challenge to an administrative authority's resolution, where the complainant argued that the lower body had erred in the application of substantive legal norms and procedural requirements. The Court's decisive legal basis was the violation of Article 18 of the Austrian Federal Constitutional Law (B-VG), which guarantees the right to petition for the annulment of administrative decisions if they are unlawful, establishing that the administrative tribunal had failed to adequately consider the relevant statutory provisions applicable to the specific subject matter.