ÖVP Seniors' Association Case: UPTS Appeals to Administrative Court
The Independent Party Transparency Senate (UPTS) is appealing to the Administrative Court (VwGH) in the case of the ÖVP "Senior Citizens' Association." Specifically, it is appealing the decision of the Federal Administrative Court (BVwG), which ruled that the "Senior Citizens' Association" is not to be qualified as part of the People's Party, thereby overturning the fine of 15,000 euros imposed by the UPTS.
Dispute Over COVID-19 Subsidies
This was imposed because parties (and their sub-organizations) were explicitly excluded from COVID-19 subsidies for non-profit organizations. The reason for the legal dispute was the formal dual existence of the Senior Citizens' Association as part of the party and as an association. As the latter, the nationwide association "Austrian Senior Citizens' Association" as well as five state organizations and hundreds of local groups in Upper Austria applied for subsidies from the so-called NPO fund and received payments from it, totaling 2.46 million euros.
BVwG Does Not See Association as Part of the Party
The Federal Administrative Court did not see the "Austrian Senior Citizens' Association" - in contrast to the ÖVP Seniors' sub-organization - as part of the party because it is not explicitly mentioned in the party's statutes. However, the 2012 Party Law requires that sub-organizations of the political party be explicitly listed in the statutes, it was stated.
The UPTS holds a different view and maintains its legal opinion as represented in the underlying decision. The Federal Administrative Court's decision on the attribution of the associations aims at a "purely formal-organizational (merely statutory) understanding of 'political party' and 'sub-organization'," it was stated in a press release on Tuesday. However, such an understanding is not compatible with the purpose of the 2012 Party Law from the UPTS's perspective.
(APA/Red)
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