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fwp wins fight against repeal of the regulation on Economic Chamber membership fees

01/11/2018

fwp) successfully represented the timber industry section of the Upper Austrian Economic Chamber (WKOÖ) before the Constitutional Court in its fight against the repeal of the regulation on membership fees.

The Upper Austrian Regional Administrative Court, with which three complaints against membership fee decisions had been lodged by timber industry companies, filed an application with the Constitutional Court (VfGH) requesting that the regulation on Economic Chamber membership fees for the timber industry section be repealed in full or in part. The membership fees levied are, in particular, used for financing the industry section within the Economic Chamber, thus ensuring that it can work efficiently and effectively for its members.

fwp successfully represented the timber industry section of the Upper Austrian Economic Chamber in the proceedings to review the regulation before the Constitutional Court, thus securing the continued funding of the timber industry’s professional organisation and in particular ProHolz, an initiative aimed at promoting the use of wood.

“The Constitutional Court dismissed the applications filed by the Upper Austrian Regional Administrative Court and followed our reasoning in its entirety”, says fwp partner Michael Hecht.

“In addition to having a direct impact on the timber industry, the ruling also has significant repercussions for all professional organisations within the Economic Chamber where the most recent reform resulted in a regrouping and merging of different industries and sectors, and shows how membership fees can be used for financing in conformity with the constitution as well as to applicable legislation”, concludes fwp partner Michael Hecht.

The team consisted of fwp partner Michael Hecht (lead) and fwp associate Josef Peer.