Admissibility of constitutional complaint against interlocutory decision lacking finality

The Austrian Constitutional Court dismissed the constitutional complaint as inadmissible, meaning the respondent’s procedural or substantive position prevailed and the challenged decision remained in force. The dispute arose from a proceeding in which a party challenged the constitutionality of a specific administrative or judicial act, arguing that it violated fundamental rights or due process guarantees. The Court’s ruling focused on the admissibility requirements for constitutional review, specifically examining whether the complainant had sufficiently demonstrated a violation of fundamental rights protected by the Federal Constitutional Law (B-VG) and whether the matter was suitable for constitutional jurisdiction. No specific constitutional provision was found to have been violated, or the complaint failed to meet the threshold for a substantive hearing, resulting in the rejection of the challenge.