No substantive statement on the admissibility of the ORF budget levy – LVA24 continues to fight
Vienna (OTS) – The litigation financier LVA24, a member of Green Finance Group AG, has taken over the financing of individual applications to the Constitutional Court for over 380 complainants.
The aim was to obtain timely clarification from the Constitutional Court as to whether the ORF Contribution Act 2024 is permissible in its current form, particularly against the background of the constitutionally guaranteed principle of equality.
The ORF Contribution Act 2024 stipulates that the ORF contribution (“household tax”) must be paid for every address where at least one adult person is registered. In the opinion of many of those affected, this is a “compulsory fee” because many do not use the ORF or do not have a receiving device at all. There are also data protection concerns in this context.
Prompt treatment of the content rejected for formal reasons
The Constitutional Court dealt with this issue for the first time in June 2024 and (still) rejected any substantive treatment.
„In a first step, the problem raised was not solved in the applicants’ interests, as the content had not yet been addressed for formal reasonst“
, explains lawyer Dr. Oliver Felfernig, Felfernig Rechtsanwalt GmbH, the current status.
Despite the above-mentioned economic, time and mental burdens of a lengthy administrative procedure, the Constitutional Court considers it reasonable for the applicants to take the administrative route.
Administrative channels must be taken in order to obtain a binding decision from the Constitutional Court
Specifically, those affected must therefore request that a notice be issued in accordance with Section 12 Paragraph 2 of the ORF Contributions Act upon receipt of a payment request from ORF Contributions Service GmbH (OBS).
After receiving a decision, it can be contested before the Federal Administrative Court (BVerwG) within the appeal period specified in the decision.
Only after the BVerwG has made a decision can the Constitutional Court be called upon for a binding decision on the question of the compatibility of the ORF Contribution Act 2024 with the constitutionally guaranteed principle of equality.
Free sample letters and fighting independently
Details and further information on how those affected can defend themselves independently and effectively against the “ORF household tax” until clarification by the Constitutional Court are available on the LVA24 website.
LVA24 stays on course and finances a substantive referral to the Constitutional Court
“For the benefit of thousands of customers, we are still working on a substantive consultation and a binding decision by the Constitutional Court on the issue of the ORF compulsory fee.”
interested”explains Mag. Ekaterina Yaneva, managing director of LVA24.
In a next step, the LVA24 will therefore cover the costs of pursuing the administrative process for selected cases in order to ultimately create clarity for all those affected by the Constitutional Court dealing with the content of individual cases.
Registrations at LVA24 are still possible
Until the content of the individual application has been dealt with by the VfGH, interested parties still have the opportunity to register easily and free of charge on the LVA24 website using an online questionnaire.
The services currently offered by LVA24 apart from this class action lawsuit can be found on the LVA24 website www.lva24.com be removed.
Questions & Contact:
Attorney Dr. Oliver Felfernig Lawyer GmbH
E-Mail: dr.felfernig@jurist.co.at I Vienna@jurist.co.at
LVA24 Process Financing GmbH
E-Mail: office@lva24.at