Pilnacek recording

Hanger loses again in court against Kickl

(Bild: Krone KREATIV/APA)

ÖVP MP Andreas Hanger has also lost a case against FPÖ leader Herbert Kickl in court in the second instance. Hanger had accused Kickl of being involved in the secret recording and publication of the so-called "Pilnacek files". In the spring, the ÖVP MP was then ordered by the Vienna Commercial Court to refrain from making this allegation or to recant it. Hanger appealed and the Vienna Higher Regional Court (OLG) has now confirmed the first instance.

Hanger had claimed that Kickl had been involved in the secret recording and publication of a private conversation with the former head of the justice section, Christian Pilnacek. The recordings made in a restaurant were published on November 21, 2023. One day later, Hanger said on krone.tv that Kickl had at least controlled the publication of the recordings and that he believed the "well-poisoner" Kickl to have been involved in the matter.

Kickl sued against Hanger's statement
The Commercial Court had upheld Kickl's complaint in full. The Higher Regional Court has now followed suit: the statement was not an assessment as claimed by Hanger, but a statement of fact. This is clear from the overall context of the question ("Mr. Hanger, do you have any suspicion as to who is controlling the whole thing and who is behind it?") and Hanger's answers ("But yes, of course.", "Yes, clearly from the FPÖ, we know that too." and "... but the main well poisoner is Mr. Kickl, that's just the way it is, and I wouldn't put it past him, yes."), according to the Higher Regional Court's ruling.

According to the court, the facts of the case do not show that Kickl was involved in the production or publication of the audio recording. Hanger did not even claim the former during the trial. With regard to Kickl's involvement in the publication, the ÖVP MP "only indulged in conjecture". He had not provided any proof of this.

Legal remedies as good as exhausted
An ordinary appeal against the decision is no longer possible. However, Hanger still has an extraordinary appeal at his disposal.

"We are very pleased that the three-member Senate has now also come to the conclusion in the appeal hearing that Mr. Hanger is spreading nothing more than unfounded accusations," said FPÖ Secretary General Christian Hafenecker in a press release. In this case, however, the ÖVP MP had gone too far. "His fictitious accusations against the FPÖ and Herbert Kickl amount to slander, defamation and damage to credit, and we must defend ourselves against such serious violations."