Published: December 04 2023
A German-Hungarian law firm has filed a lawsuit against the municipality of Schattendorf in Austria over the closure of the border crossing between Schattendorf and Ágfalva. The closure resulted in increased petrol consumption for those crossing the border.
Lawsuit and Compensation
The law firm is claiming 0.27 euro cents as compensation from the municipality. The border closure forced people to take a detour, leading to increased petrol consumption. The lawyers initiated the compensation proceedings in order to eventually take the case to court.
Legal Situation and EU Funds
The pre-trial discovery procedure indicated that the border closure may be illegal under the Schengen Borders Code. The lawyers are also trying to get the European anti-fraud office (OLAF) to intervene, based on the fact that the EU previously provided funds for the renovation of the border crossing.
Misuse of EU Funds and OLAF Investigation
The lawyers have discovered that the municipality of Schattendorf spent EUR 120,000 on the border crossing renovation. They are raising questions about the possible misuse of EU funds. The case is currently in front of OLAF, but it is uncertain when a decision will be made.
Border Dispute and Political Context
The border dispute between Austria and Hungary has gained national attention. The Social Democrat mayor of Schattendorf made statements indicating that he would decide who could enter the village. Calls have been made for the dismissal of Social Democratic party politicians for "representing foreign interests." The Austrian Ombudsman has also launched an investigation into the matter.
Questions & Answers
What is the legal action that has been taken regarding the border closure between Schattendorf and Ágfalva? Civil proceedings have begun in the district court of Eisenstadt against the municipality of Schattendorf in Austria. A German-Hungarian law firm has filed a lawsuit against the municipality over the placement of retractable bollards and a pedestrian zone at the border crossing.
Why is the law firm seeking compensation from the municipality of Schattendorf? The law firm is seeking compensation due to the border closure forcing individuals to take a detour between Ágfalva and Schattendorf, which resulted in increased petrol consumption. The amount in dispute is 0.27 euro cents.
What is the basis of the lawsuit against the municipality? The lawyers claim that the border closure may be illegal under the Schengen Borders Code, as no barriers are allowed to be erected at border crossings. They are also seeking intervention from the European anti-fraud office (OLAF) based on the fact that the European Union previously provided funds to renovate the border crossing.
What is the involvement of OLAF in this case? The case has been brought to the attention of OLAF, but the timing of their decision is unpredictable.
What has raised concerns about the potential misuse of EU funds? Through a public interest request, it was discovered that the municipality of Schattendorf spent EUR 120,000 on the border crossing renovation, while the EU had previously provided EUR 500,000 for the same purpose. This has raised questions about the potential misuse of EU funds.
What other actions are the lawyers taking in this case? The lawyers are also trying to get the Austrian Ombudsman involved in the border dispute. The Social Democrat mayor's comments regarding deciding who could enter the village have also been highlighted by the lawyers.
Has this border dispute become a national issue? Yes, the issue has become a national concern, and there have been calls for the dismissal of Social Democratic party politicians for "representing foreign interests" in relation to the border dispute.