86/06/0148•Administrative decision annulled for unlawfulness of content
86/06/0148Supreme Administrative CourtFeb 11, 1988Granted
Extracted by Omnilex
The Administrative Court dealt with a complaint against an administrative decision and found the decision unlawful in its content. It therefore annulled the challenged decision. The Land Steiermark was ordered to reimburse the complainants' expenses of S 9,900 within two weeks under threat of execution. The complainants' additional request for costs was rejected.
Administrative review; annulment for unlawfulness of content. Where an administrative decision is unlawful in its content, the Administrative Court annuls it. Successful complainants are entitled to reimbursement of necessary expenses; any excess costs claim is to be dismissed.
Der angefochtene Bescheid wird wegen Rechtswidrigkeit seines Inhaltes aufgehoben.
Das Land Steiermark hat den Beschwerdeführern Aufwendungen in der Höhe von insgesamt S 9.900,-- binnen zwei Wochen bei sonstiger Exekution zu ersetzen.
Das Mehrbegehren wird abgewiesen.
Extracted by Omnilex
Whether the challenged administrative decision had to be annulled for unlawfulness of content.
The challenged decision was unlawful in its content and had to be annulled.
The court found the content of the administrative decision unlawful; no further reasoning is stated in the available text.
Costs of the proceedings.
The Land Steiermark had to reimburse the complainants' expenses in the amount of S 9,900 within two weeks, failing execution.
Costs followed the success of the complaint; the excess request was rejected.
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