Constitutionality of social insurance legislation under the equality principle

The Constitutional Court declared the challenged provision of the social insurance legislation unconstitutional, effectively ruling in favor of the applicant and nullifying the disputed norm. The case involved a constitutional complaint filed against a social insurance decision that denied specific benefits, where the complainant argued that the underlying statutory provision violated the principles of equality and the right to a fair hearing. The decisive legal basis for the decision was the violation of Article 18 of the Austrian Federal Constitutional Law, which guarantees equality before the law, as the challenged provision established an unjustified distinction between different categories of insured persons without sufficient justification.