Constitutional validity of municipal administrative ordinance challenged on fundamental rights grounds

The Verfassungsgerichtshof declared the impugned provision of the Upper Austrian Municipal Administrative Ordinance unconstitutional and null and void. The dispute arose from a constitutional complaint challenging a local ordinance provision that allegedly violated the appellant's fundamental rights regarding administrative procedure or municipal taxation/fees. The decisive legal basis was Article 144 of the Austrian Federal Constitution, under which the Court exercised its jurisdiction to review the compatibility of regional or municipal legal acts with federal constitutional norms, finding a violation of the principle of legality or proportionality that rendered the specific municipal regulation legally invalid.