Referral to prior precedent for identical administrative dispute; dismissal of complaint under § 43 Abs 2 VwGG

The Administrative Court dismissed the complaint as unfounded, ruling in favor of the respondent, and ordered the complainant to pay the federal government litigation costs of S 3,035 within two weeks under threat of execution. The dispute concerned an administrative matter identical to a previously decided case, where the legal issue was already settled by the Court's decision of January 29, 1991 (Case No. 90/14/0246). Relying on the doctrine of *obiter dicta* or precedent for identical cases, the Court applied § 43 Abs 2, second sentence, of the Administrative Court Procedure Act (VwGG) to refer directly to the cited judgment rather than providing a new substantive ruling. The decision was rendered by a three-member panel under § 12 Abs 1 Z 2 VwGG, with the request for an oral hearing deemed inadmissible as it was filed late in the proceedings.