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Passing on tobacconists within the family is restricted

Passing on tobacconists within the family is restricted
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Image: Daniel Scharinger (Daniel Scharinger)

The ministry emphasized that it should still be possible to pass on the tobacconist once from a person with disabilities to a relative. In addition, as part of the protection of confidence, tobacconists without disabilities should be able to hand over the tobacconist to family members who had expected a handover at the time the VwGH judgment was served.

Specifically, the amendment to the Tobacco Monopoly Act stipulates that tobacconists will no longer be appointed according to the rules of the Tobacco Monopoly Act 1996, but rather according to public procurement rules, namely those of the Federal Procurement Act Concessions 2018 (BVergKonz 2018) for the award of service concessions, which has also been revised for this purpose shall be.

Special consideration for people with disabilities

In order to be able to offer legal security to tobacconists, a possibility was sought to be able to determine the duration of the concession until the tobacconist reaches the statutory retirement age. In the design and awarding of tobacconist concessions, the promotion of people with disabilities should also continue to be given special consideration, it said.

“The amendment to the Tobacco Monopoly Act ensures legal certainty for tobacconists in Austria. In addition, and I am particularly pleased about this, we have succeeded in bringing socio-political considerations to the table and, as a result, above all people with disabilities and those who are dependent on them in their everyday work grab your arms,” ​​said Finance Minister Magnus Brunner (ÖVP) in the media info.

Criticism of the planned changes in the Tobacco Monopoly Act had already come from the SPÖ on Friday. The President of the Social Democratic Business Association (SWV) and SPÖ business spokesman Christoph Matznetter found that the proposed measures represented an inadequate repair of the Supreme Court decision and would endanger the tried and tested system of awarding tobacconists. Matznetter also sees the local supply of tobacco products in rural areas in danger as a result of the amendment.

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