Application Against Prohibition of Fully Slatted Floors Rejected by VfGH

Burgenland took the initiative and achieved in a first ruling of the VfGH that the transition phase for the ban on fully slatted floors in pig farming planned until 2040 was lifted, as it was considered too long and factually unjustified. As a result, the pig farmers went to the Supreme Court, as the National Council has not yet issued any successor regulations and the ban is therefore expected to come into force in June 2025.

Ban on Fully Slatted Floors: Uncertainty About Timing

Therefore, the farmers saw their right to freedom of occupation, the right to inviolability of property, and the principle of equality violated. The Constitutional Court argued that - as in this case - an individual application to the VfGH is only permissible if the contested law not only potentially but currently affects the legally protected interests of the applicant. The farmers who applied, according to the VfGH, must be granted that there is currently uncertainty about when the ban will actually apply. Within the deadline set by the VfGH for the transitional provisions, however, the "future legal situation possible under the hypothetical assumption of the legislator's inactivity" cannot be contested.

(APA/Red)

This article has been automatically translated, read the original article here.