Duplicate appeal against an administrative act and peremptory consumption of the right to appeal

The Administrative Court dismissed the appeal, ruling in favor of the administrative authority and rejecting the second challenge to the same administrative act. The dispute arose from the applicant’s filing of two separate appeals against an identical administrative order within a short timeframe, resulting in a procedural conflict where the first appeal, filed in May 1993, had already been lodged with the court. The decisive legal basis for the dismissal was § 34(1) of the Administrative Court Act (VwGG), which establishes the doctrine of *peremptory consumption* (Konsumierung) of the right to appeal; under this provision, a single administrative act may be challenged before the Administrative Court by only one appeal, rendering any subsequent, duplicate appeal inadmissible and requiring its rejection without further proceedings in a non-public session.