ÖAMTC sounds the alarm: property interference lawsuits are exploding in Vienna!

ÖAMTC sounds the alarm: property interference lawsuits are exploding in Vienna!

The ÖAMTC has urgently contacted Justice Minister Anna Sporrer to point out the alarming increase in property interference lawsuits and threats. With an increase of 75% in the last ten years, the statistics show a worrying development: the number of lawsuits in district courts in Vienna rose from 1,657 in 2013 to 2,869 in 2023. Experts such as Martin Hoffer, head of the ÖAMTC legal services, warn that such threats place a heavy burden on the property protection tools and have become a lucrative business model. [ÖAMTC] reports that these developments are placing a heavy burden on the mobility landscape in Austria.

What is particularly noticeable is the increase in threats of legal action, which often relate to minor or even made-up parking violations. An example of this is the threat of legal action against a Graz woman for 395 euros for turning around in a private parking lot, which illustrates the problem of excessive collection. The ÖAMTC's criticism is directed against the systematic and often dubious practice, which is perceived as “excessive cash-in-handling”. Hoffer also notes that some of these threats are also criminally questionable, so there is an urgent need for action. [Kleine Zeitung] emphasizes that the willingness of the courts to sue, which often approve lawsuits quite generously, puts massive pressure on vehicle owners.

Demands for legal measures

The mobility club is calling on the Minister of Justice to take legal action to take action against these abusive lawsuits. In her response, Sporrer explained that solutions are already being worked on to curb the practices. The ÖAMTC also points out that the existing ruling of a regional court in Vienna, which states that a lawsuit can be averted by a timely declaration of willingness to enter into a legal settlement, is not enough to stop the profiteering. In this context, the ÖAMTC emphasizes the need for the legislature to set effective limits against rip-offs with alleged property protection in order to protect the rights of road users. [SN.at] provides information on the considerations that have already been initiated to exchange ideas with experts from science and practice in order to find practical solutions.

Overall, the problem currently being discussed shows that the legal framework in the area of ​​infringement of ownership actions urgently needs to be revised in order to strengthen the rights of vehicle owners and prevent misuse. Over-collection, which has now become a serious problem, requires rapid action by the government to maintain confidence in the judiciary and case law.