ORF compulsory contribution burst: court ruling hits waves!

ORF compulsory contribution burst: court ruling hits waves!

In a surprising decision, the Federal Administrative Court (BVWG) declared the decision of ORF-Fe-Zebunst Service GmbH (OBS) about the compulsory contribution for the blogger and jus student Lucas Ammann as void. This happened because the decision had no valid signature. As a result, this means that Ammann and possibly hundreds of other affected complainants are not obliged to pay. The case in particular reflects on the legal weaknesses in the current system of ORF contribution collection.

The legal dispute began in January 2024 when Ammann received a payment request from OBS. He then submitted an application for a notification to determine his obligation to pay. In August 2024, however, he received a decision that was only provided with a paraphe. Lawyer Mag. Gerold Beneder led the complaint against this decision and claimed that he did not meet the legal requirements. On May 21, 2025, the BVWG decided that a valid decision needed a readable signature or a qualified electronic signature, and declared the document status as a "non -act", so absolutely void. This decision could have far-reaching effects on the entire ORF contribution system, since other people could also be affected with comparable modest. The lawyer Beneder also criticized the inability of the OBS to issue valid notices.

other legal dimensions

The legal framework of the ORF contribution is also in the context of a significant decision by the Constitutional Court (VfGH). In a judgment that comes into force at the end of 2023, the VfGH lifted some provisions of the ORF law as unconstitutional. This applies in particular to the regulation that enables people who receive ORF programs exclusively on the Internet not to pay a program fee. The VfGH found that the coupling of the program fee to the payment of radio fees is unconstitutional. In this context, the legislator is asked to find a new regulation by December 31, 2023 to secure the financing of public service broadcast vfgh.gv.at that ....

Developments related to the ORF contribution obligation not only raise questions about compliance with the legal framework, but also for the general supervision and transparency of the regulatory authorities. Ammann himself has asked the finance minister to check the Working method of the OBS to avoid future legal disputes.