Chapter VIII. Decisions of national tribunals

Austria

Poole v. the Government of the Republic of Austria. Overruling of court decision by Ministry of Justice of 28 August 1986

ArticleXlI, section 27 (h), of UNIDO Headquarters Agreement'—Freedom of UNIDO officials to acquire or maintain within Austria immovable property under the same conditions applicable to Austrian nationals—Order of the administrative authorities of a district court of Vienna charging an official of UNIDO the registration fee in the land register—Application by the official to the court, requesting exemption from the fee—Decision from the President of the Provincial Court for Civil Matters ( ' 'Landesgericht fuer Zivilrechtssachen, Wien"), denying exemption in view of the official's nationality not being Austrian—Overruling of the President of the Provincial Court for Civil Matters by the Federal Ministry of Justice

In connection with the acquisition of immovable property in 1983, Mr. L. G. Poole, an official of UNIDO with diplomatic status, was contacted by the competent district court for Vienna (Wien Innere Stadt). As a consequence, the administrative authorities of the district court charged Mr. Poole a fee in the amount of 24,260 schillings for registration of his property in the land register ("Grundbuchseintragungsgebuehr") and asked that this amount be transferred directly to the Payments Office of the Vienna Higher Provincial Court ("Einbringungsstelle beim Oberlandesgericht Wien"). Failing payment of the amount requested by the payment order of 7 May 1986, an application was made to the Payments Office on 4 June 1986, requesting a correction. Mr. Poole requested this on the grounds, inter alia, that while not being an Austrian citizen, he had been an official of UNIDO for a considerable time before the acquisition of the property and therefore was entitled under the Agreement between the Republic of Austria and the United Nations regarding the Headquarters of the United Nations Industrial Development Organization, article XII, section 27 (h),

"to acquire or maintain within the Republic of Austria .. . under the same conditions applicable to Austrian nationals immovable property ... "

On the basis of this provision, Mr. Poole requested exemption from payment of the land registry registration fee.

In reply to this application for correction, Mr. Poole received a final administrative court decision ("Bescheid"), dated 30 June 1986, from the President of the Provincial Court for Civil Matters, Vienna...