Abolition Of The System Utilization Fees Regulation 2006 And 2010 Through The Constitutional Court System Utilization Fees Regulations

Original Language Title: Aufhebung der Systemnutzungstarife-Verordnung 2006 und der Systemnutzungstarife-Verordnung 2010 durch den Verfassungsgerichtshof

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454. Presentation by the Federal Minister for Economic Affairs, Family and Youth on the abolition of the system-use tariffs-Regulation 2006 and the system-use tariff-Regulation 2010 by the Constitutional Court

In accordance with Art. 139 (5), first sentence B-VG and § 60 (2) VfGG in conjunction with § 4 paragraph 1 Z 4 BGBlG, it is made known:

On 22 November 2011, the Constitutional Court, with the recognition of 27 September 2011, V 59 /09-14, the Federal Minister for Economic Affairs, Family and Youth, was right to recognize:

" I. The Regulation of the Energy Control Commission, which sets out the tariffs for use of the system (system use tariffs-Regulation 2006, SNT-VO 2006), published in the Official Journal of the Vienna newspaper no. 240 of 10 December 2005, as amended by the Regulation amending the SNT-VO 2006, published in the Official Journal of the Wiener Zeitung No 250 of 28 December 2006, the SNT-VO 2006 -Novelle 2008, published in the Official Journal of the Vienna Newspaper no. 243 of 18 December 2007, and the SNT-VO 2006 -Novelle 2009, published in the Official Journal of the Vienna newspaper no. 252 of 24 December 2008, is published as Illegal.

II. The regulation of the Energy-Control Commission, which determines the tariffs for the use of the system (system-use tariff-Regulation 2010, SNT-VO 2010), is published in the Official Journal of the Vienna newspaper no. 249 of 24 December 2009, is illegal repealed.

III. The Regulation of the Energy Control Commission, which determines the tariffs for the use of the system (system use tariff-Regulation 2010, SNT-VO 2010), is published in the Official Journal of the Vienna newspaper no. 249 of 24 December 2009, in the version of the SNT-VO 2010 -Novelle 2011, published in the Official Journal of the Vienna newspaper no. 248 of 23 December 2010, is repealed as illegal; the repeal comes into force with the expiry of the 31 March 2012.

IV. The repealed regulations are also in the case of the OGH on the numbers 1 Whether 32/11d and 1 Whether 65 /11g, at the Landesgericht Linz to the numbers 5 Cg 28 /11d and 30 CG 35 /11t, at the Landesgericht Wiener Neustadt zu den Numbers 22 Cg 151 /09w, 22 CG 57 /11z, 23 Cg 130 /09i, 28 Cg 110 /09k and 28 Cg 89 /09x and to the Vienna Commercial Court, to the numbers 30 Cg 206 /10m, 46 CG 167 /09t, 39 Cg 60 /10g, 22 Cg 51 /10h, 42 CG 95 /10a and 42 CG 143 /10k pending proceedings no longer apply. "

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