Brucknerhaus affair

Opera tenor lost his voice after fraud trial

At the civil court in Linz: lawyer Bernhard Steinbüchler, ex-Brucknerhaus managing director Dietmar Kerschbaum, lawyer Martin Steinbüchler

(Bild: Christoph Gantner)

All that remains of his melodious and full-sounding voice is a small voice: With a visibly constricted throat, former Brucknerhaus managing director Dietmar Kerschbaum gave a short statement to the media after the start of his trial in Linz on Thursday. He is seeking up to three million euros in damages from his former employer, the Linz event company LIVA.

His greatest wish, however, is not to get a lot of "cash", but to save his tarnished image, said Kerschbaum: "It is important to me that I can refute these accusations. I have complete faith in the justice system. The truth will come out at some point. There should simply be an apology from LIVA."

The trial lasted just six minutes
After just six minutes, the curtain came down again on Thursday at the first hearing in the trial of dismissed artistic director Dietmar Kerschbaum against his former employer LIVA. Kerschbaum had been dismissed in July of last year on suspicion of compliance violations and improper business dealings. He has now taken legal action against this. After this legal overture, the first act will begin in six weeks at the earliest. However, this is still an optimistic estimate, as LIVA, as the opposing party, will then have another six weeks to respond. 

But what is it actually about? 
 As Kerschbaum's contract would have run until mid-2027, he is missing out on payment for this period on the one hand, and on the other hand he fears that the scandal will prevent him from getting any further engagements as a singer or arts manager. In addition to financial compensation, Kerschbaum also wants to restore his name. A request for a declaratory judgment serves this purpose: The court should declare that the city will pay for all damages resulting from this situation. This could be in the region of three million euros.

Kerschbaum's "Tales" (Jacques Offenbach)
His client had been an internationally sought-after opera singer before his employment and had earned "a lot more than at LIVA", said Bernhard Steinbüchler, Kerschbaum's lawyer: "He gave up these jobs in order to bring the Linz Brucknerhaus back to the heights. And now they're letting him slip in the political arena." He now wants to be compensated for this.

"In the years where in vain" (The Marriage of Figaro)
Kerschbaum is not averse to an out-of-court settlement, which has not yet been reached. "We are always open to a reasonable solution," emphasized Steinbüchler. But LIVA must declare that Kerschbaum is not guilty of any wrongdoing and that his claims must be paid promptly until the end of his contract. Kerschbaum had not accepted any more engagements since his dismissal because he was undergoing psychotherapeutic treatment and could no longer sing at the same level, and he was no longer receiving any offers because everyone was asking themselves "Has he done something wrong or not?", said the lawyer.

"The song of no and yes" (Threepenny Opera)
LIVA disputes Kerschbaum's claims. They do see grounds for dismissal such as unexcused absence from work, breach of reporting obligations to the supervisory board, breach of trust in connection with the Lido Sounds festival, use of company resources for private purposes, expense claims of an inadmissible amount and problematic management behavior.

Luger may also make an appearance
In any case, lawyer Steinbüchler would like to hear former commercial director Rainer Stadler as a witness. Linz's former mayor Klaus Luger (SPÖ) could possibly also be summoned. The public prosecutor's office is investigating him in the Brucknerhaus case and he had to resign because of the scandal.