Fundamental Rights Section tion. Such fire reporting and alarm facilities are to be built such that the use of the property is not significantly hindered. To the extent that it is necessary for carrying out a building project or a change to the property, the fire reporting and alarm facilities are to be changed accordingly (Sect. 6 para. 2). On the basis of submitted photographs, it is furthermore assumed that the facility in question involves a structural facility within the meaning of Sect. 4 point 12 Styrian Building Law (Stmk. BauG 1995), Styrian Law Gazette. 1995/59 in its valid version. Therefore, the provisions of noise protection apply, as they are regulated in Sect. 43 para. 2 point 5 Stmk. BauG 1995. According to these, the structure must be planned and executed such that noise perceived by the users or by the neighbours is kept to a level that is not hazardous to health and with which satisfactory living and working conditions are ensured. A glance at the Styrian Building Law also clarifies that facilities that fall under the Fire Service Law, are not exempted from the scope of the Styrian Building Law. Based on the assumption that one and the same life circumstance can be viewed from various aspects and the allocation of a matter to the area of responsibility of either a Land or the Federation does not rule out that specific subject areas can be regulated according to different aspects (so-called 'aspect theory', VfSlg. 5025/1965, etc.), the Ombudsman Board submitted to the Municipal Council of the Municipality of Ilztal, in the pending appeal proceedings, that the provisions of the Styrian Fire Service Law 1985 and the Styrian Building Law 1995 exist alongside one another and therefore the plaintiff's application was to be decided on its merits. This suggestion was not taken up. On the contrary, the Municipal Council withheld agreement on the matter from Mr. and Mrs. N.N., with statements that – with all due respect – cannot be interpreted as complying with existing legislation (cit: 'certain matters must be factually settled and thus also the mounting of fire service sirens in Neudorf'). The decision harms the plaintiffs in terms of protected fundamental rights values. Thus, the principle of equality is violated, when the authority justifies the official notification insufficiently and inadequately or with statements which are not acceptable as reasons. Such a violation, equating to lawlessness is qualified by the Constitutional Court in settled case law as 'arbitrariness' (VfSlg. 11.851/1988, 10.997/1986 etc.). In this respect, it already rescinds the contested official notification. In the case at hand, the authority also illegally rejected its 50

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