VfGH 14.3.2017, G 249-250/2016

The limitation of nullity appeals to cases of ‘serious concern regarding the correctness of the facts’ on which the lower court based upon its decision is in conformity with constitutional law. It does not violate the procedural safeguards protected by Art 6 of the European Convention on Human Rights or the right to equal protection under the law protected by Art 7 of the Austrian Federal Constitutional Law. Despite the restrictive application in the jurisprudence of the Supreme Court of Austria, the limitation is proportionate und thus constitutional, as such limitations only apply to rulings by a penal of lay judges.