Appeal lodged

Scurrilous border dispute over 27 cents has come to an end

Bollards and pedestrian zone in accordance with the law.

(Bild: Huber Patrick)

Lawsuit against the municipality of Schattendorf dismissed, law firm appealed. Now the Higher Regional Court has had its say. No appeal is possible against the ruling.

The major legal dispute was triggered by a boss and an employee of the German-Austrian-Hungarian law firm NZP Nagy Legal Part GmbH, who were traveling by rental car to a client in Lower Austria and then to an appointment in Agendorf in Hungary on 17 July 2023.

Bollards at the border
The direct route via Schattendorf was blocked by the bollards at the border. They therefore had to take a detour via Klingenbach-Sopron. The law firm filed a lawsuit and originally wanted 11.50 euros for the 3.4 kilometer longer journey.

Costs reduced to 27 cents
The sum seemed too high to the judiciary and the additional costs due to extra fuel consumption were reduced to 27 cents. Not even this amount, including the four percent interest demanded, was awarded to the law firm. The accusation that the bollards in Schattendorf were in breach of the Schengen Borders Code came to nothing.

Despite objections, our legal approach proved to be correct time and again.

Bürgermeister Thomas Hoffmann

Appeal lodged
However, the law firm did not give up and lodged an appeal. The Court of Appeal based its decision on the fact that the Schengen Borders Code in its entirety is not applicable to the matter in question.

According to Article 1 of the Code, it exclusively regulates border controls at the external and internal borders of the Member States of the European Union: "The measures taken by the municipality to calm traffic on Agendorferstraße do not constitute border controls within the meaning of the Schengen Borders Code."

No legal remedy possible
No appeal is possible against this ruling, it is said. All that remains for the law firm to do is "to reimburse the defendant for the costs of the appeal and appeal response of € 149.95 within 14 days".