About what is possible and permitted in court: Two curious proceedings from Carinthia could have far-reaching consequences – on the one hand, a controversial ban on Easter events is wavering, and on the other hand, it is being investigated whether staffless self-service huts are vending machines or farmers markets.
What started six years ago with the first Ackerbox in Spittal can now be found in many corners of the country: self-service boxes from food manufacturers that are open 24/7 – daily and 24 hours a day. Theoretically.
In practice, the Constitutional Court has put a stop to this and determined that a maximum opening time of 72 hours usually applies to unmanned sales huts.
For now. Because the MyAcker team, which was also rejected by the Regional Administrative Court of Carinthia after a fine, continues to fight against this restriction because it sees itself as a “vending machine” and not as a “farmer’s market”: “We think it is urgent that outdated: “To rethink legal regulations – the key word is digitalization – therefore our path here leads to the next example,” says Kathrin Angermann-Wernisch.
The file is now before the Administrative Court, which will also deal with sales times. “Our field boxes are operated completely without personnel on site and should therefore not be subject to laws that serve to protect employees,” says Angermann-Wernisch. The constitutional judges have so far seen it differently: “The general objectives that store closing and opening time regulations serve, namely the protection of the interests of consumers, the purpose of the competition regime and the social policy function, are in the public interest. ”
It should be quiet in Carinthia on Good Friday
It will also be exciting to see how the highest judges in Vienna handle the Carinthian Good Friday rest. Last year, a club in Villach failed to comply with the Carinthian events law, which bans events on Good Friday, and was ordered to pay a fine of 400 euros for a concert after a police visit.
Now the case is before the Constitutional Court and it has already expressed its greatest concerns in advance regarding “freedom of the arts, freedom of employment and the principle of equality”: “An absolute and punitive ban on events is probably excessive and therefore not neither suitable nor necessary to achieve the (legitimate) goal of achieving peaceful religious practice,” it says.
Furthermore, Carinthian law also allows strange exceptions: peep shows, table dancing, gambling, betting, customs, museum exhibitions and dance lessons are not included in the ban; There are animal shows, film screenings, lectures, exhibitions, dance events and entertainment. Sports competitions are also prohibited; Years ago, the Austrian ice hockey team had to play a World Cup test match against Belarus in Villach as a “ghost match” in front of empty stands.
That could change: a legal review process is already underway; In any case, the decision will be made before next Easter.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
