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A Braunau waste disposal company would not have thought that giving away six old tires would lead to such a long and costly legal battle. But now even the highest court has to decide.
But let’s start at the beginning: the waste disposal company gave a man six old tires, which according to his statements were still usable. A neighbor the building contractor has been in a clinch with for years brought this up. The Braunau district administration reacted and imposed a fine of more than 2,000 euros. The businessman did not want to put up with that and raised an objection. The Provincial Contentious-Administrative Court ruled in his favor and considered it sufficient to warn in this case. But the district administration brought an extraordinary review.
“Doesn’t the Braunau district administration have anything better to do in Corona times than turn old tires into an environmental scandal?” The List law firm commissioned by the waste disposal company writes in an open letter. The lawyers emphasize that the disposal company until now has always properly disposed of all used tires as waste, that is, 20 tons per year. The transfer of six tires that were still in use was not classified as a minor offense, but rather as an obviously serious infraction that did not warrant a warning, according to the law firm. The lawyers estimate that this procedure results in administrative costs of around 11,000 euros, without legal expenses. “This is not an incredible expense from the authorities or a donation to someone in need,” says District Captain Gerald Kronberger. Behind this is a long-standing legal dispute with reciprocal complaints and legal proceedings between two neighboring companies.
“The administrative work is not caused by the administrative actions of BH Braunau, which are required by law, but by the recourse of decades to the courts and authorities on the part of the parties known in the office,” said the district captain in a statement. For the sake of legal certainty, the Supreme Court wishes to clarify whether, in the case of mandatory minimum penalties in material law, a warning is still legally admissible.
The decision of the Upper Austrian Regional Administrative Court in this case is not legally comprehensible to the authorities. It is not the legal interest of road safety that must be protected, but the legal interest of protecting the environment. Old worn tires must be professionally disposed of and not handed over to private individuals. “In terms of a working constitutional state and to protect employees from any breach of office, clarification is required from the supreme court,” emphasizes Kronberger.
End the neighborhood dispute
He also suggests to the neighbors “to achieve a global extrajudicial solution in terms of a future functional neighborhood coexistence and to renounce years of legal disputes with costly legal violations.” These would only cost time, nerves and money.
