TEAM

ÜBER UNS

Successful interventions (exemplary)

Our year-long experience we have been able to successfully intervene and enforce our clients rights in many cases.

Please find below a chronological extract of administrative and Supreme Court‘s decision. We have been successfully representing our clients interests in the cited proceedings and rejoice in the successes:

Migration law, Asylum law

  • Austrian constitutional court dated 11.6.2011, U 230/12

Decision

asylum case. expulsion and interpretation successfully prevented. Suspension of a decision by the asylum court due to defects of the preceding investigations, failure to consider the year-long residence of the applicant in Austria etc.

  • Austrian constitutional court dated 22.11.2012, U 1150/12

Decision

asylum case. Suspension of a decision by the asylum court ref. Application for asylum due to failure to duly considere submitted facts of the case, failure to adequately investigate into the facts, the effects of the investigations by court; arbitrary decision by the asylum court (in this case: decision based on an incomplete country report).

  • Austrian Supreme Administrative Court dated 12.9.2013, 2012/21/0110

Decision

custody proceeding detention, suspension of the administrative order of detention. Proper residence and family life in Austria. Inadequacy of detention.

  • Austrian Supreme Administrative Court dated 3.9.2015, Ro 2015/21/0030

suspension of an order of detention preceding deportation; implementation of the so-called Dublin III-regulation.

  • Austrian Supreme Administrative Court dated 24.5.2016, Ra 2016/21/0008

Decision

suspension of a decision by the federal administrative court ref. Restitution of a detained person into the deadline for appeal against a ban of residence.

Public employment law

  • Federal Commission for Equality dated 16.10.2013, BKA-F147.800/0051-II/3/2012

Decision

131.Expert opinion issued by the federal commission for equality, stating an inequality based on gender according to § 4 Federal Equal Treatment Act („Bundes-Gleichbehandlungsgesetz“) ref. professional career (advertisement of a superior position in the board of a Pedagogical College).

Following the expert opinion, succeeding successful representation in a court action for the enforcement of claims are based on the determined inequality.

Administrative offenses and penalties

  • Lower Austrian Administrative Court dated 28.1.2014, LVwG-HL-12-2081

Complete suspension and waiver of further prosecution ref. a penalty for the infringement against the laws on gambling, penalty €5000.

  • Vienna Administrative Court dated 15.2.2017, VGW-041/003/12211/2016 (not yet published online in the public database of jurisdiction)

Complete suspension of two penalties issued by the Vienna magistrate, waiver of for the prosecution of two trade managers representing a construction company, alleged infringement of a subcontractor against the Foreign Labour Act.

Environmental law

  • Lower Austrian Administrative Court dated 28.4.2014, LVwG-AB-13-0195

Decision

public complaint against the pollution of the environment; suspension of the decision by the district of Korneuburg rejecting on the complaint; court‘s order to a follow-up on the complaint and carry on comprehensive investigations.

  • Austrian Supreme Administrative Court dated 29.6.2017, Ra 2017/04/0036

Suspension of a decision by the lower Austrian administrative court ref. approval of the construction and operation of a hydropower plant in Grafenwörth by the Lower Austrian regional government.

Electricity law

  • Decision by the Lower Austrian government dated 1.9.2014, WST6-E-14091/001-2011

Legally binding determination of the qualification of power lines as „direct line“ between hydropower plant and an industrial plant.

  • Lower Austrian Administrative Court dated 9.10.2014, LVwG-AB-14-0377

Suspension of a decision ordering the suspension of a taxi driver‘s license.

Visa and residence law

  • Austrian Supreme Administrative Court dated 5.5.2015, Ro 2014/22/0008

Decision

Suspension of a decision by the governor of Vienna, magistrate department 35, ref. dismissal of an application for a residence permit without a permission to work.

  • Vienna Administrative Court dated 31.3.2017, VGW-151/011/4127/2017 (not yet published online in the public database of jurisdiction)

Suspension of a decision by the governor of Vienna, magistrate department 35, ref. dismissal of an application for a residence permit for a student.

Educational Law

  • Federal Administrative Court dated 26.8.2015, W203 2107895-1

Decision

Suspension of a decision of the Vienna School Board ref. an order to close down a private school due to alleged formal defects in proceedings for the notification of the school principal.

  • Federal Administrative Court dated 16.9.2015, W203 2113677-1

Decision

Suspension of a provisional injunction issued by the Vienna School Board ordering the immediate suspension of operation office school.

  • Federal Administrative Court dated 26.01.2016, W203 2113677-2

Decision

Suspension of a decision by the Vienna school board to prohibit the operation of the school and based on alleged the facts of the teaching material provided by the school operator.

  • Federal Administrative Court dated 10.2.2016, W224 2111561-1

Decision

Suspension of a decision by the Vienna School Board prohibiting the employment of a biology teacher and relegation of the proceedings to the Vienna School Board.

  • Federal Administrative Court dated 10.2.2016, W224 2111279-1

Decision

Suspension of a decision by the Vienna School Board prohibiting the employment of a history teacher and relegation of the proceedings to the Vienna School Board.

  • Austrian Supreme Administrative Court dated 9.8.2016, Ro 2016/10/0016

Decision

Successful intervention in favor of the school operator before the supreme administrative court following an appeal against the decision of the Federal Administrative Court by the Vienna School Board.