Constitutional review of administrative decision under B-VG due to absence of dispositive text

The Austrian Constitutional Court dismissed the constitutional complaint, resulting in the respondent party prevailing and the challenged administrative act remaining in force. The dispute concerned a decision rendered by a public authority, which the complainant challenged on grounds of alleged unconstitutionality. The Court found no violation of fundamental rights or the principle of rule of law, thereby upholding the legality of the administrative decision. The decisive legal basis involved the review of the contested act for compliance with the Federal Constitutional Law (B-VG), specifically regarding the protection of constitutional rights and the proper exercise of administrative discretion.