Special case of justice

The border dispute over 27 cents is far from over

Mayor Thomas Hoffmann: "We are concerned with the safety of the residents and the quality of life."

(Bild: Reinhard Judt)

The special legal case concerning the pedestrian zone and the bollards against too much border traffic in Schattendorf in Burgenland is taking a bizarre turn. Following a series of complaints from Hungary, the case in Austria is now before the Provincial Administrative Court and the Constitutional Court.

The case was initiated by the German-Austrian-Hungarian law firm NZP Nagy Legal. Their boss was annoyed in July 2023 because he was denied the direct, shorter route via Schattendorf during a business trip.

Annoyed by the detour
Due to the bollards installed by the municipality, he had to take a detour via Klingenbach. The law firm filed a lawsuit and originally demanded 11.50 euros for the additional costs. This seemed too much to the judiciary and the amount in dispute was reduced to 27 cents. Nevertheless, the law firm was not successful.

Due to the ongoing proceedings, the renovation of the bollards damaged by hooligans has been interrupted for the time being.

(Bild: Reinhard Judt)

Austria sued
Last fall, NZP Nagy Legal sued the Republic of Austria for "superfluous" border controls. The Hungarian law firm had suspected a violation of the Schengen Agreement - this time 19 cents were demanded for a detour due to a traffic jam at the border. And again the law firm came away empty-handed.

Appeal dismissed
After the Eisenstadt Regional Court and the Vienna Higher Regional Court confirmed the municipality's approach, NZP Nagy Legal took the pedestrian zone in Schattendorf, which had been set up to calm traffic on the border with Hungary, to court. The law firm had applied to the municipality for a special permit to drive in the pedestrian zone - and was unsuccessful. The Hungarian lawyer's appeal was dismissed by a higher authority as unfounded.

The law firm is fighting the negative decision at the provincial administrative court. "The municipality's ordinance is based on the opinion of a court-certified expert, who the Hungarian lawyers do not consider authorized," it says.

"Everything is in order"
Schattendorf's lawyer Johannes Zink sees little chance of success: "In view of the fact that all attempts to prevent the pedestrian zone have failed miserably, we look forward to further legal action with composure."

This also applies to the review by the Constitutional Court initiated by the Provincial Administrative Court as to whether the municipality's actions are correct. Mayor Thomas Hoffmann is positive: "We don't need any dictates from Budapest. Our municipality decides for itself what is best for the population - and always does so properly."