The two companies Signa and Kika/Leiner failed in their action against the online portal Zackzack at the Supreme Court (OGH). These mainly concerned lawsuits against the medium of ex-Greens MP Peter Pilz, whose reporting would have caused enormous damage to the parties to the lawsuit.
Department store juggler René Benko was recently acquitted in the trial of ex-Green Christoph Chorherr. But now the Tyrolean, especially his companies Signa and Kika/Leiner, suffered a defeat before the Supreme Court (OGH). It involved an extraordinary review of the proceedings brought against ZackZack
Signa had claimed that business relationships and job interviews were canceled as a result of the articles in question. However, according to the Supreme Court, these propositions could not be adequately presented. Peter Zöchbauer, representing the plaintiff’s side, had argued with a misjudgment that should be adopted by the Supreme Court for reasons of “legal certainty”. However, the Supreme Court sees an individual case and not a weighty legal issue. The latter would have been a condition for a substantive assessment by the Supreme Court.
Reports on chats from Schmid’s mobile phone
Background: In July 2021, ZackZack published chats from the mobile phone of Thomas Schmid (former Secretary General of the Treasury Department). It was about a possible intervention in favor of René Benko’s Signa and Kika/Leiner. This resulted in media attention and a lawsuit worth millions.
Signa and Kika/Leiner wanted ZackZack to place advertisements in all media outlets that published the reports. According to ZackZack lawyer Johannes Zink, it would have been a serious blow to press freedom – and the financial end for ex-politician Peter Pilz’s medium if the Higher Regional Court had awarded the “harassment case”.
No “deficiency” or “inconsistency”
ZackZack won in second instance before the Higher Regional Court (OLG). Individual aspects of the texts had to be withdrawn, but the plaintiffs’ overriding requests were eventually rejected. Plaintiffs filed an extraordinary appeal. However, according to the most recent Supreme Court ruling, the “contradiction with the documents” and “deficiency” of the appeals process claimed by Signa and Kika/Leiner did not exist.
Johannes Zink sees the decision of the Supreme Court as a confirmation of a “leading decision for the Austrian media market”, because in the future media houses will only be responsible for their own research and texts. Signa’s wish to also pay for quotes in other media and to have to pay considerable amounts for advertisements there has therefore failed.
Pilz: “It involved two annual sales”
ZackZack boss Peter Pilz is relieved: “It was about two million. That’s two annual sales. That was an existential question for us. I am all the happier with the judgment of the Supreme Court. This is also a success for the rule of law and freedom of the media.’ The warring party cannot resist a bit of cheerfulness: ‘These lawsuits went down Benko’s pants.’
Source: Krone
I’m Ben Stock, a journalist and author at Today Times Live. I specialize in economic news and have been working in the news industry for over five years. My experience spans from local journalism to international business reporting. In my career I’ve had the opportunity to interview some of the world’s leading economists and financial experts, giving me an insight into global trends that is unique among journalists.
