Constitutional complaint challenging municipal expropriation decision for insufficient substantiation of infringement of fundamental rights

The Austrian Constitutional Court (VfGH) dismissed the constitutional complaint for non-admissibility, thereby leaving the challenged lower-court decision in force and ruling against the petitioner. The case involved a challenge to an administrative decision concerning municipal expropriation or property rights, where the petitioner argued that the statutory provisions applied by the administrative authorities violated fundamental constitutional rights. The decisive legal basis for the dismissal was the procedural requirement under the Federal Constitutional Court Act that a constitutional complaint must not only claim the infringement of constitutional rights but also demonstrate that the impugned provision was applied in a manner that itself resulted in the violation, or that the provision was directly unconstitutional; the Court found the complaint lacking in specificity or that the requisite link between the statutory violation and the constitutional infringement was not sufficiently substantiated.