Law Against Possession Disturbance Rip-Off Goes Into Review

Business models of property owners who respond to short-term turning or parking of cars with often standard threats of possession disturbance lawsuits and payment demands are to be made more difficult. "We are taking away what keeps the 'parking extortion' business model alive: the profit," said Justice Minister Anna Sporrer (SPÖ) before the Council of Ministers on Wednesday. By introducing a special assessment basis, the lawyer's fee is reduced to around 100 euros.

New Rules Against Lawsuit Threats for Drivers

In lawyer letters, lawsuits were previously threatened in court, and to avoid these, 400 euros or more were demanded. Too often, drivers then chose the seemingly cheaper, out-of-court route. "One wrong turn and the lawyer's letter demanding several hundred euros arrives at your home. This is systematic: intimidation and threats to make a profit. This is not good for the rule of law," said the Justice Minister, who simultaneously called on people not to comply with such demands and instead seek support, for example, from the Chamber of Labor or automobile clubs.

In fact, in many cases - for example, when a car is briefly turned or parked on a poorly or not at all marked private area - there is no possession disturbance. The draft, which goes into review for three weeks starting today, also creates the possibility of an appeal process. Previously explicitly excluded, in the future, one will be able to take vehicle possession disturbance disputes up to the Supreme Court. "Especially in the area of parking possession disturbance lawsuits, we have seen massive increases in recent years," said ÖVP Economic Minister Wolfgang Hattmansdorfer. This is now being stopped. "And we are going even further: It is clearly agreed in the government program that we will also address serial warnings, which particularly affect associations and association newspapers," said the Minister.

Possession Disturbance Law Remains

Specifically, the assessment basis for such lawsuits is reduced to 40 euros, which means that legal costs are only about a quarter of what was previously demanded, making such lawsuits no longer profitable. However: "Only in relation to vehicle possession disturbance lawsuits is the assessment basis reduced," Sporrer clarified. NEOS club leader Yannick Shetty also added: "The possession disturbance law is, of course, something that remains unrestricted. Only these tactics are being restricted." For all other possession disturbance lawsuits - for example, if one spouse locks the other out of the apartment during divorce proceedings - nothing changes.

(APA/Red)

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