Initiative from Hungary – border controls: Austria is now being sued

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A new dispute over Austria’s border controls has erupted from an unusual direction: a Hungarian law firm is now suing the Republic over the resulting waiting times. The outcome could also affect the future of border controls.

The Hungarian-based law firm NZP Nagy Legal is suing the Republic of Austria over border controls at the Austro-Hungarian border. The civil trial regarding the official liability case will take place next Wednesday at the regional court of Eisenstadt, court president Karl Mitterhöfer confirmed a report by “ORF Burgenland” on Tuesday.

Violation of the decision of the Court of Justice?
The German-Hungarian law firm claims that the waiting times at the border are a loss for its own lawyers due to the extraordinary checks introduced in 2015 and repeatedly extended, and sees freedom of travel affected. It refers to a decision of the European Court of Justice on border controls in the Schengen area.

NZP Nagy Legal also took action against the restrictions at the Schattendorf border crossing (Mattersburg district), which has only been accessible as a pedestrian zone with special permission since December 2023. However, the municipality’s approach was confirmed by the Eisenstadt Regional Court and the Vienna Higher Regional Court.

Source: Krone

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