Key facts of the case:
A woman married to an Austrian citizen claimed to get a confirmation according to § 3 para 8 Employment of Foreign Nationals Act (Ausländerbeschäftigungsgesetz) at the Labour Market Service. The confirmation was not released, and an appeal against this decision was also rejected. The claimant then appealed to the Constitutional Court, which referred the case to the Supreme Administrative Court. The claimant built her claim on the judgment of the Court of the European Union Zambrano, C-34/09.
A procedure following the Employment of Foreign Nationals Act (Ausländerbeschäftigungsgesetz) does not have to deal with a claim to residence permit on the grounds of the rights guaranteed in Art. 7 of the Charter of Fundamental Rights or Art. 8 para 1 ECHR. (Page 2 of 2 of the judgement)