A regulation which ruled out suspensive effect of appeals against notices of the financial market supervisory authority was found unconstitutional by the Constitutional Court. A suspensive effect was ruled out even for basic cases, which were not urgent, weren’t in connection with an emergency or didn’t have a connection with European Union law. The concerned party was only granted provisional measures before the federal administrative court in an advanced stage of the proceeding. The Constitutional Court found this to be a violation of the rule of law and the effectiveness of legal protection which is derived from it (VfGH G 257/2017-13).
A general prohibition of suspensive effect for appeals against notices of the Financial Supervisory Authority is unconstitutional
