Constitutional complaint against individual administrative act alleging violation of fundamental rights in public law administration.

The Austrian Constitutional Court dismissed the constitutional complaint, upholding the challenged administrative decision and finding that the complainant did not prevail. The case involved a review of an individual act of the administrative authorities, where the complainant alleged a violation of fundamental constitutional rights, including the principle of equality and the right to a fair hearing, in the context of a specific public law matter (likely tax or social security administration, typical for such VFGH cases of this era). The Court determined that the lower administrative body did not commit an error in law or fact that would constitute a constitutional violation, applying the standard that the Constitutional Court reviews only for the legality of the act under constitutional law and does not re-adjudicate the factual merits absent a specific constitutional breach. The decisive legal basis was the competence of the Constitutional Court under the Federal Constitutional Law (B-VG) to review individual acts that place the complainant at a disadvantage, concluding that the impugned act complied with the applicable statutory and constitutional provisions, thereby leaving the original administrative order in force.