- The Administrative Court has made a decision on November 16, 2023.
- The case involves a revision by B M in W against the decision of the Federal Administrative Court regarding the ORF program fee.
- The court has ruled that the decision is unlawful due to a violation of procedural rules.
- The court has ordered the government to reimburse the revision applicant with expenses amounting to €1,346.40 within two weeks.
- The revision applicant is registered as a radio participant at GIS Gebühren Info Service GmbH in Vienna.
- The applicant has paid VAT on the ORF program fee from October 1, 2013, to October 31, 2018.
- The applicant requested a refund of the VAT, claiming that it was unlawfully paid.
- The GIS rejected the request, leading the applicant to file a complaint with the Federal Administrative Court.
- The court dismissed the complaint, stating that the EU Court of Justice’s ruling in the case of Ceský rozhlas does not apply to Austria.
- The court explained that the ORF program fee is different from the Czech radio fee and is based on a contractual relationship between the ORF and radio participants.
Source: ris.bka.gv.at
See also
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
