Constitutional court confirmed: ORF contribution remains a must for all!

A central point in the decision of the VfGH was the dismissal of a complaint that claimed inequality in the contribution system. Although some households have no access to the ORF content, the court found that the possibility of being able to use the offer is sufficient to justify the obligation to contribute. This means that the principle of equality is not violated because the contribution is not bound to the actual consumption of the program.

financing and social context

The Constitutional Court emphasized that the ORF fulfills a special democratic and cultural task that benefits the general public. The contribution is justified by the general way to access the content, which also supports social interests as a whole.

In March 2025, a mass procedure was initiated to process the multitude of symptoms. The decision of the VfGH has lifted the stop of numerous pending procedures that had previously been interrupted by the Federal Administrative Court (BVWG). In addition, it was confirmed that ORF-contribution Service GmbH (OBS) has the right to issue notices to determine the contribution. This outsourcing of sovereign tasks on the OBS is considered factual and efficient, whereby the management is bound to the instructions of the finance minister.

Similar models in Europe

The ORF contribution structure is not alone. In Europe there are various models for financing public service broadcasting. For example, the fee model in Denmark was replaced by income -dependent tax financing in January 2019. There was a budget shortening of the DANMARKS radio (DR) broadcaster by 20 %.

In Germany, public service broadcasting is financed by a similar contribution that is bound to the pause of an apartment, which was classified as constitutional by the Federal Constitutional Court. In Italy and Switzerland, too, the models of radio financing vary and sometimes vary greatly in their design.

The decision of the numerical access to the ORF and the type of premium survey reflect current discussions and challenges that take place throughout Europe. In view of the current developments on the ORF contribution, it is expected that similar legal ratings will also be submitted in other countries.