Decision Of The Administrative Court In The Proceedings To The Zl. 2011/08/0090 According To § 38A Vwgg

Original Language Title: Beschluss des Verwaltungsgerichtshofes in dem zur Zl. 2011/08/0090 anhängigen Verfahren gemäß § 38a VwGG

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175. Presentation of the Federal Chancellor ' s decision on the decision of the Administrative Court in the proceedings pending before the Court of Justice in accordance with § 38a VwGG (German law)

In accordance with Section 38a (2) of the Administrative Court Act 1985, BGBl. N ° 10, shall be made known:

On May 6, 2011, the Administrative Court delivered BGBl to the Federal Chancellor on May 12, 2011, in the proceedings pending for the Zl. 2011/08/0090 pursuant to Section 38a of the Administrative Court Act 1985. N ° 10, the following decision:

1. It consists, within the meaning of Section 38a (1) VwGG, of the assumption that a significant number of complaints will be brought before the Administrative Court, in which the following legal question is to be resolved:

If the phrase "lived as a persecuted person in the territory of the Republic of Austria or in another country" in § 502 (6) second sentence of the ASVG in the version of the Novelle BGBl. I n ° 83/2009, to the effect that a person born after 12 March 1938 and not later than 8 May 1945 outside Austria's borders, of which at least one parent had his residence in the territory of the Republic of Austria on 12 March 1938, only then insurance periods after that provision in conjunction with their last sentence after completion of the 15. If the person concerned has been persecuted in another country (in which she has left Austria after her parents have left Austria), or if that turn is to be interpreted in such a way that it is sufficient for the person (s) in question to be at least one of the parents) has gone to this country as a persecuted person, that is to say, without being subjected to persecution in the country of emigration?

2. In order to answer the legal question referred to in Z. 1, the Administrative Court shall apply the following legal provisions: Section 502 (6) of the ASVG in the version of the Novelle BGBl Act. I n ° 83/2009 iVm § § 500 and 502 (1) and (4) ASVG.

3. The Administrative Court will reply to the question of law referred to in Z. 1 in the appeal proceedings pending for Zl. 2011/08/0090.

4. The Federal Chancellor is obliged to present this decision without delay in the Bundesgesetzblatt II (Federal Law Gazetre II). Reference is made to the legal consequences referred to in Section 38a (3) of the VwGG, which enter into the customer's agreement.

Faymann