Possessory Actions: ÖAMTC Demands Effective Legal Measures
According to Sporrer, "intensive work is already being done on measures to curb abusive possession disturbance lawsuits," as stated in a ministry statement to the APA.
"The threats, some of which are even criminally questionable, burden the legitimate instrument of possession protection and have developed into a lucrative business model in some places," criticized Martin Hoffer, head of ÖAMTC legal services, in a press release. "The sometimes outrageous demands must finally be put to a stop," demanded the lawyer.
The background: Often, after minor or "invented" parking offenses, expensive possession disturbance lawsuits are threatened, and sometimes hundreds of euros are collected. This has nothing to do with the classic possession protection in the sense of the legislator, according to the ÖAMTC. This approach is favored by the fact that courts often grant lawsuits quite liberally. Many vehicle owners feel pressured and pay prematurely as a result.
Particularly Many Possession Disturbance Lawsuits in Vienna
The situation is particularly critical in Vienna, where the Regional Court for Civil Matters has reached out to the public for help: According to the ÖAMTC, between 2013 and 2023, the number of possession disturbance lawsuits at Vienna district courts increased by 75 percent from 1,657 to 2,869. A few weeks ago, this regional court finally ruled in favor of the ÖAMTC.
"It was determined, binding for similar cases, that one can preempt a lawsuit by timely declaring the willingness to a judicial settlement. Anyone who issues a cease-and-desist declaration and seriously seeks a so-called 'praetorian settlement' eliminates the risk of repetition as an essential element of a possession disturbance lawsuit. This causes possession disturbance lawsuits to lose their basis," explained Hoffer.
However, according to the ÖAMTC, the ruling is not sufficient "to sustainably stop the profiteering." The legislator must also set effective limits "against the rip-off with alleged possession protection." According to Sporrer, this is now happening, and a practical and effective solution for the people is needed, "therefore, my department and I are also in exchange with experts from science and practice."
(APA/Red)
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