Against Benko parent company

Signa trustee fails with lawsuit

Signa trustee Andreas Grabenweger

(Bild: Krone KREATIV/APA AFP)

Trustee in bankruptcy Andreas Grabenweger, who is trying to crack the Benkos' multi-million euro foundation bunkers in Innsbruck (Laura) and Liechtenstein (INGBE), has failed for the time being with his lawsuit against Ingeborg Benko. 

While René Benko remains in custody in Vienna - as we reported - the regional court in Innsbruck has rejected the civil claims against Benko's mother Ingeborg, one of the main beneficiaries of the Laura Private Foundation, in the first instance, confirmed court spokeswoman Birgit Fink on Thursday. 

Accusation of the "straw woman"
In its arrest warrant against René Benko, the Economic and Corruption Prosecutor's Office (WKStA) had stated that "the foundation structure only exists as a sham and primarily serves to continue to prevent the authorities, trustees and creditors from gaining access to the assets that still exist and are in fact attributable to Benko. And yet to grant him - via his mother as a straw woman - considerable financial benefits, benefits in money's worth and a de facto possibility of access."

With the lawsuit, the trustee in bankruptcy Andreas Grabenweger wanted to ensure that the founder's rights to two private foundations were transferred to him and not to Ingeborg Benko as the first founder. 

Judgment not legally binding
The judgment was not yet legally binding. The trustee in bankruptcy would have the option of an appeal. The Innsbruck Higher Regional Court (OLG Innsbruck) would then have to deal with the matter.

Hearing closed at the end of January after a short time
The first hearing in the proceedings took place at the Innsbruck Regional Court at the end of January. The proceedings were closed for the time being by the judge after one hour. The reason: following a request from the mother's legal representative, he decided to clarify a legal issue first.

This was now done and the judge dismissed the case. The main reason: according to the ruling, there was a "lack of interest in a declaratory judgment" on the part of the plaintiff, i.e. the trustee in bankruptcy, as explained by court spokeswoman Birgit Fink and Hermann Pfurtscheller, Innsbruck-based lawyer for Benko's mother.