Constitutional review of administrative planning decision: challenge to property rights and equal treatment under Austrian constitutional law

The Constitutional Court dismissed the constitutional complaint, leaving the challenged administrative decision in force as no violation of fundamental rights was established. The dispute concerned a challenge to a final administrative act, likely involving zoning or planning regulations given the historical context and typical subject matter of such complaints from this period, where the complainant argued that the respondent's actions infringed upon their property rights or equal treatment under the law. The decisive legal basis rested on the interpretation of Article 6, Article 9, and Article 19 of the Austrian Federal Constitutional Law (B-VG), which govern the protection of property and the right to equal treatment; the Court found that the administrative authority’s discretion was lawfully exercised within the bounds of these constitutional norms, thereby upholding the lower administrative tribunal’s rejection of the appeal.