Key Benefits:
6. Revocation of the Federal Chancellor concerning the annulment of a phrase in Section 76a (1) (4) of the Industrial Code (Gewerbeordnung) 1994 by the Constitutional Court
According to Art. 140 (5) and (6) B-VG and § 64 (2) of the Constitutional Court Act 1953, BGBl. No. 85/1953, is made known:
The Constitutional Court, with the knowledge of 7 December 2011, G 17/11-6, G 49/11-6, was sent to the Federal Chancellor on 20 December 2011. Jänner 2012, rightly recognized:
" 1. |
In any case, the phrase "a health risk or unreasonable annoyance caused by noise is not to be expected if the conditions set out in the introduction sentence and in Z 1 to Z 3 are met;" in § 76a (1) Z 4 Gewerbeordnung 1994, BGBl. No 194/1994 idF BGBl. I n ° 66/2010, is repealed as unconstitutional. |
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2. |
The repeal shall enter into force on the expiry of 30 November 2012. |
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3. |
Previous legal provisions do not enter into force again. " |
Faymann