The Administrative Court Vienna rules that an authority may issue a declaratory administrative ruling ex officio under two conditions. This is permissible if expressly provided by law or if the ruling is in the public interest. According to the NAG, the authority may, upon knowledge of certain circumstances, review the validity of an associated residence permit. However, such competency does not constitute a legal basis for issuing a declaratory administrative ruling. (LVwG Wien 18.02.2019; VGW-151/016/14744/2018)
Declaratory administrative ruling ex officio
