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Exclusion of suspensive effect

In a recent decision, the Administrative Court Vienna dealt with the question of suspensive effect of appeals. A ruling of an authority may not be implemented if an appeal has been filed. The authority may exclude this suspensive effect if the immediate implementation of the decision is in the public-interest (imminent danger). In the decision the public interest (expansion of public transport, cost increase, emission reduction and positive change in the gross national product) outweighed the interest of the individual (the requested minor change can no longer take place). (VGW-101 / V / 020/1504/2019, VGW-101 / V / 20/1505/2019 dated 18.02.2019).

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