Vfgh 01.07.2016, W I 6/2016: Run Off Election of the Federal President
CONSTITUTIONAL COURT W I 6/2016‐125 1 July 2016 IN THE NAME OF THE REPUBLIC The Constitutional Court, chaired by President Gerhart HOLZINGER, in the presence of Vice‐President Brigitte BIERLEIN and the members Markus ACHATZ, Eleonore BERCHTOLD‐OSTERMANN, Sieglinde GAHLEITNER, Christoph GRABENWARTER, Christoph HERBST, Michael HOLOUBEK, Helmut HÖRTENHUBER, Claudia KAHR, Georg LIENBACHER, Rudolf MÜLLER, Johannes SCHNIZER, and Ingrid SIESS‐SCHERZ as voting members, in the presence of the constitutional clerk Heinz VERDINO Constitutional Court Freyung 8, A‐1010 Vienna www.verfassungsgerichtshof.at W I 6/2016‐125 01/07/2016 has ruled on the challenge to the run‐off election of the Federal President on 22 May 2016, which was filed on 7 June 2016 by Heinz‐Christian STRACHE, c/o Freedom Party of Austria (Freiheitliche Partei Österreichs, FPÖ), Friedrich‐ Schmidt‐Platz 4/3a, 1080 Vienna, represented by B&S Böhmdorfer Schender Rechtsanwälte GmbH, Gusshausstrasse 6, 1040 Vienna, after a public oral hearing held on 20, 21, 22, 23 and 29 June 2016 and on 1 July 2016, after the presentation of the case by the judge rapporteur, and after the statements of the representatives of the challenging party, lawyers Dieter Böhmdorfer, Rüdiger Schender and Michael Rohregger, of the representative of the Federal Electoral Authority, Robert Stein, and of the representatives of the interested party, lawyers Maria Windhager and Georg Bürstmayr, pursuant to Article 141 of the Constitution, and has today pronounced as follows: The challenge is allowed. The run‐off election of the Federal President of 22 May 2016 is annulled as of the date of announcement by the Federal Electoral Authority on 2 May 2016, inasmuch as this announcement ordered the holding of a run‐off election on 22 May 2016.
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