The approval decision from 2021 was overturned by the court; Operations must be stopped immediately
Vienna (OTS) – In 2021, DOTS Beteiligung GmbH applied for approval for the discotheque on the Mariahilfer (hospitality business in the bar, discotheque and retail operating mode).
Since the opening of the “Hidden Club” in 2021, the nightly sound has been unbearable for the affected neighbors.
From the start, the discotheque was confronted with concerns and criticism from the neighborhood. The affected neighbors turned to the Constitutional Court. Through an in-depth analysis and a comprehensive legal examination, it was possible to prove that the decisive norm (Section 359b Paragraph 1 Z 4 GewO 1994) of the approval process contradicted the constitution.
The Supreme Court agreed with the opinion of the affected neighbors and repealed the unconstitutional norm, which formed the basis for the approval, in March 2023 (E 1648/2022-14).
With a comprehensive and committed legal approach, it was now possible to prove to the Vienna Administrative Court that the approval for the discotheque was based on an unconstitutional basis. This significant unconstitutional inconsistency ultimately led to the Vienna Administrative Court revoking the approval decision for the “Hidden Club” from 2021 with its decision on December 5, 2023, GZ: VGW-122/043/9253-9258/2023/E.
What is the consequence? The “Hidden Club” must be closed immediately and without delay as it no longer has a permit. In addition, a legally compliant approval process must finally be carried out in consultation with the affected neighbors. The Christmas peace has thus returned.
This groundbreaking finding not only underlines the importance of adhering to constitutional principles and norms in all phases of planning and approval processes in accordance with the Trade Regulations 1994, but also emphasizes the importance that the law and the constitution must be consistent in order to protect the rights and interests of all parties involved protect.
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Lawyer Mag. Fiona List
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