Administrative court judgment set aside for unlawful content

Ra 2024/03/0008Supreme Administrative CourtMay 26, 2025Annulled

Extracted by Omnilex

Omnilex summary

In revision proceedings before the Verwaltungsgerichtshof, the challenged administrative court judgment was annulled because its content was unlawful. The excerpt contains only the dispositive part and no further factual or legal reasoning.

Omnilex headnote

Administrative review; annulment of a challenged judgment for unlawfulness of content. Where the supreme administrative court merely states that the impugned decision is set aside wegen Rechtswidrigkeit seines Inhaltes, the dispositive effect is the annulment of the lower court judgment; no further substantive findings can be derived from the excerpt.

Full text

Verwaltungsgerichtshof Ra 2024/03/0008

  • Dokumenttyp: Entscheidungstext
  • Entscheidungsdatum: 26.05.2025
  • ECLI: ECLI:AT:VWGH:2025:RA2024030008.L00

Spruch

Das angefochtene Erkenntnis wird wegen Rechtswidrigkeit seines Inhaltes aufgehoben.

Keywords

administrative reviewannulmentrevisionunlawfulnessthird instance

Extracted by Omnilex

Key legal question

Whether the challenged judgment had to be set aside for unlawfulness of its content.

Extracted holding

The challenged judgment was set aside because it was unlawful in substance.

Extracted reasoning

The decision text contains only the dispositive order and states that the challenged judgment is annulled for unlawfulness of its content; no further reasoning is provided in the excerpt.

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