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Just weeks before the closing of Corona, the Republic and the state of Carinthia received their first claim for damages for one million euros from CA-Immo, the real estate investment company that lost in the sale of Buwog.
The tactic behind the relatively low damage claim: The goal was to save costs and tax money through a test case. Because CA-Immo is actually targeting an out-of-court settlement with the Republic.
Republic did not respond
The shot in front of the arc didn’t make anything move. That is why CA-Immo improved on May 29, 2020 and filed a new lawsuit (it is before the KURIER), in which it increased the amount of damages to the proud 1,929 million (!) Euros. The reason for this procedure is as follows in the lawsuit: “Even after the partial claim of one million euros on February 27, 2020, which was based on procedural considerations, the defendant did not contact us despite that more conversations were offered. Therefore, the plaintiff has no choice but to assert all claims in court. “
As a reminder: the purchase price was 961 million euros. CA-Immo did not win the Buwog contract because it offered one million euros less than the Immofinanz consortium, that is, only 960 million.
What is the legal justification for the demand of almost two billion euros? CA-Immo speaks of “partially culpable influence in the bidding process by officials of the Republic of Austria or the State of Carinthia”. Because Jörg Haider also pulled the strings in the background for the deal.
This culprit influence is said to have occurred primarily in the first binding bidding round. On June 4, 2004, CA-Immo, with an offer of 922.7 million, was ten percent higher than Immofinanz, which offered only 837.3 million.
However, there was an invitation to present a “last and last offer”. For CA-Immo, this procedure only allowed Immofinanz to win the tender and allow Walter Meischberger and Peter Hochegger to collect the commission.
Delicate appearance
However, during the process it turned out that Lehman Brothers experts advised Grasser to initiate a second round of bidders because CA-Immo’s bid showed that there was still potential for a much higher bid.
There is a delicate aspect to the cause. The judiciary is spending millions to take Grasser to court. If the former minister is found guilty, the state will create a big problem at the same time. A guilty verdict could lead to a Pyrrhic victory.
