Lawsuit against the municipality of Schattendorf dismissed, law firm appeals. Now the Higher Regional Court had its say. No appeal is possible against the verdict.
The reason for the grotesque legal dispute is a boss and an employee of the German-Austrian-Hungarian law firm NZP Nagy Legal Part GmbH, who traveled by rental car to a client in Lower Austria on July 17, 2023 and then to an appointment in Agendorf in Hungary.
Bollards on the border
The direct route via Schattendorf was blocked by the posts at the border. The two therefore had to make a detour via Klingenbach-Sopron. The law firm filed a lawsuit and initially demanded 11.50 euros for the 3.4 kilometer longer ride.
Costs reduced to 27 cents
The judiciary found the amount too high and the additional costs due to extra fuel consumption were reduced to 27 cents. The law firm was not even awarded this amount, including the required four percent interest. The accusation that the bollards in Schattendorf violated the Schengen Border Code was unfounded.
Appealed
But the law firm did not give up and appealed. The court bases its judgment on the fact that the Schengen Borders Code as a whole does not apply to the present case.
According to Article 1, this exclusively regulates border controls at the external and internal borders of the Member States of the European Union: “The measures taken by the municipality to calm traffic on Agendorferstrasse are not border controls within the meaning of the Schengen Borders Code. ”
No legal remedy available
It is said that this verdict cannot be appealed. The law firm’s only option is to “reimburse the defendant for the costs of responding to the appeal and appeal of €149.95 within 14 days”.
Source: Krone

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