|OGH 9 Ob 71/03m (Case Regarding Federal Care and Maintence, Including Accommodation)|
Evangelisches Hilfswerk v. Republic of Austria
This is an unofficial translation made by BO Vienna. The Austrian Supreme Court ("Oberster Gerichtshof"; the last instance in civil law) in a decision of 24 February 2003 (No 1 Ob 272/02k; published only on 22 April 2003) ruled that the Austrian State is obliged to accommodate and support all needy asylum seekers in Austria who co-operate in the determination of their identity. Consequently, the view of the Austrian State, according to which the authorities have discretionary power in deciding whom to accommodate and support, was rejected. Furthermore, the Supreme Court ruled that NGOs who accommodated asylum seekers, who were denied State assistance, may claim reimbursement by the State for the costs related to accommodation and support of asylum seekers during the last 30(!) years.