Dickmann v Federal Ministry of Social Administration
|08 Junio 1951
|Case No. 196
|Administrative Court (Austria)
Belligerent Occupation — Administrative Functions of Occupant — Distinction between Administrative Functions of Occupant and Administrative Functions of Municipal Authorities — Appeal against Administrative Orders to Courts of Occupied Country — When Permissible.
The Facts.—The flat of one E. in Vienna was requisitioned by the Soviet army of occupation, and E. and his family were evicted. The Vienna City Council thereupon issued an order to E., authorizing him to occupy part of the complainant's flat. The order bore the stamp of an officer of the Soviet army of occupation, preceded by the words “have no objection” in the Russian language. The complainant asked for the revocation of the order authorizing E. to occupy part of her flat, her contention being that the Vienna city authorities had failed to comply with the formalities laid down by the relevant Austrian law governing matters of this kind. Her application was refused on the ground that this was an order of the Occupant against which there was no appeal to the Austrian courts.
Held: (i) that this was an order of the Austrian authorities, and not an order of the Occupant, and that accordingly there was a right of appeal;
(ii) that the formalities of Austrian law had not been observed, and that the order must therefore be revoked. The Court said:
“The decision (against which complaint is made) argues in the main that the billeting order was not an administrative measure taken by an Austrian authority, but that the Austrian authority concerned acted exclusively in the capacity of an organ of the Occupying Power; that for this reason the relevant Austrian administrative legislation was inapplicable, and that the application of the complainant to the Austrian authority therefore had to be dismissed.
“The billeting order does not say that the representative of the Soviet army of occupation gave an order to the Vienna city authorities. The order says that he has no objection to the decision made by those authorities. The note of the military commander, with the...
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